(a) The General Assembly recognizes that unified
purpose and direction of the public health system is necessary to ensure that
all citizens in the State have equal access to essential public health
services. The General Assembly declares that the mission of the public health
system is to promote and contribute to the highest level of health possible for
the people of North Carolina by:

(1) Preventing health risks and disease;

(2) Identifying and reducing health risks in the
community;

(3) Detecting, investigating, and preventing the spread
of disease;

(4) Promoting healthy lifestyles;

(5) Promoting a safe and healthful environment;

(6) Promoting the availability and accessibility of
quality health care services through the private sector; and

(c) The General Assembly recognizes that there are
health-related services currently provided by State and local government and
the private sector that are important to maintaining a healthy social and
ecological environment but that are not included on the list of essential
public health services required under this section. Omission of these services
from the list of essential public health services shall not be construed as an
intent to prohibit or decrease their availability. Rather, such omission means
only that the omitted services may be more appropriately assured by government
agencies or private entities other than the public health system.

(d) The list of essential public health services
required by this section shall not be construed to limit or restrict the powers
and duties of the Commission for Public Health or the Departments of
Environmental Quality and Health and Human Services as otherwise conferred by
State law. (1991, c. 299, s. 1; 1997-443, s. 11A.54;
2007-182, s. 2; 2009-442, s. 1; 2012-126, s. 4; 2012-194, s. 62; 2015-241, s.
14.30(u).)

§ 130A-2. Definitions.

The following definitions shall apply throughout this Chapter
unless otherwise specified:

(1b) "Communicable condition" means the state
of being infected with a communicable agent but without symptoms.

(1c) "Communicable disease" means an illness
due to an infectious agent or its toxic products which is transmitted directly
or indirectly to a person from an infected person or animal through the agency
of an intermediate animal, host, or vector, or through the inanimate
environment.

(2) "Department" means the Department of
Health and Human Services.

(3) "Imminent hazard" means a situation that
is likely to cause an immediate threat to human life, an immediate threat of
serious physical injury, an immediate threat of serious adverse health effects,
or a serious risk of irreparable damage to the environment if no immediate
action is taken.

(3a) "Isolation authority" means the authority
to issue an order to limit the freedom of movement or action of persons or animals
that are infected or reasonably suspected to be infected with a communicable
disease or communicable condition for the period of communicability to prevent
the direct or indirect conveyance of the infectious agent from the person or
animal to other persons or animals who are susceptible or who may spread the
agent to others.

(4) "Local board of health" means a district
board of health or a public health authority board or a county board of health.

(5) "Local health department" means a
district health department or a public health authority or a county health
department.

(6) "Local health director" means the
administrative head of a local health department appointed pursuant to this
Chapter.

(6a) "Outbreak" means an occurrence of a case
or cases of a disease in a locale in excess of the usual number of cases of the
disease.

(7) "Person" means an individual,
corporation, company, association, partnership, unit of local government or
other legal entity.

(7a) "Quarantine authority" means the authority
to issue an order to limit the freedom of movement or action of persons or
animals which have been exposed to or are reasonably suspected of having been
exposed to a communicable disease or communicable condition for a period of
time as may be necessary to prevent the spread of that disease. Quarantine
authority also means the authority to issue an order to limit access by any
person or animal to an area or facility that may be contaminated with an
infectious agent. The term also means the authority to issue an order to limit
the freedom of movement or action of persons who have not received
immunizations against a communicable disease when the State Health Director or
a local health director determines that the immunizations are required to
control an outbreak of that disease.

(8) "Secretary" means the Secretary of Health
and Human Services.

(9) "Unit of local government" means a
county, city, consolidated city-county, sanitary district or other local
political subdivision, authority or agency of local government.

The Secretary shall appoint the State Health Director. The
State Health Director shall be a physician licensed to practice medicine in
this State. The State Health Director shall perform duties and exercise
authority assigned by the Secretary. (1983, c. 891, s.
2.)

§ 130A-4. Administration.

(a) Except as provided in subsection (c) of this
section, the Secretary shall administer and enforce the provisions of this
Chapter and the rules of the Commission. A local health director shall
administer the programs of the local health department and enforce the rules of
the local board of health.

(b) When requested by the Secretary, a local health
department shall enforce the rules of the Commission under the supervision of
the Department. The local health department shall utilize local staff
authorized by the Department to enforce the specific rules.

(c) The Secretary of Environmental Quality shall
administer and enforce the provisions of Articles 9 and 10 of this Chapter and
the rules of the Commission.

§ 130A-4.1. State funds for maternal and child health
care/nonsupplanting.

(a) The Department shall ensure that local health
departments do not reduce county appropriations for maternal and child health
services provided by the local health departments because they have received
State appropriations for this purpose.

(b) All income earned by local health departments for
maternal and child health programs supported in whole or in part from State or
federal funds, received from the Department, shall be budgeted and expended by
local health departments to further the objectives of the program that
generated the income. (1991, c. 689, s. 170; 1997-443,
s. 11A.57.)

§ 130A-4.2. State funds for health promotion/nonsupplanting.

The Department shall ensure that local health departments do
not reduce county appropriations for health promotion services provided by the
local health departments because they have received State appropriations for
this purpose. (1991, c. 689, s. 171; 1997-443, s.
11A.58.)

§ 130A-5. Duties of the Secretary.

The Secretary shall have the authority:

(1) To enforce the State health laws and the rules of
the Commission;

(2) To investigate the causes of epidemics and of
infectious, communicable and other diseases affecting the public health in
order to control and prevent these diseases; to provide, under the rules of the
Commission, for the prevention, detection, reporting and control of
communicable, infectious or any other diseases or health hazards considered
harmful to the public health;

(3) To develop and carry out reasonable health programs
that may be necessary for the protection and promotion of the public health and
the control of diseases. The Commission is authorized to adopt rules to carry
out these programs;

(4) To make sanitary and health investigations and
inspections;

(5) To investigate occupational health hazards and
occupational diseases and to make recommendations for the elimination of the
hazards and diseases. The Secretary shall work with the Industrial Commission
and shall file sufficient reports with the Industrial Commission to enable it
to carry out all of the provisions of the Workers' Compensation Act with
respect to occupational disease.

(6) To receive donations of money, securities,
equipment, supplies, realty or any other property of any kind or description
which shall be used by the Department for the purpose of carrying out its
public health programs;

(7) To acquire by purchase, devise or otherwise in the
name of the Department equipment, supplies and other property, real or
personal, necessary to carry out the public health programs;

(8) To use the official seal of the Department. Copies
of documents in the possession of the Department may be authenticated with the
seal of the Department, attested by the signature or a facsimile of the
signature of the Secretary, and when authenticated shall have the same
evidentiary value as the originals;

(9) To disseminate information to the general public on
all matters pertaining to public health; to purchase, print, publish, and
distribute free, or at cost, documents, reports, bulletins and health
informational materials. Money collected from the distribution of these
materials shall remain in the Department to be used to replace the materials;

(10) To be the health advisor of the State and to advise
State officials in regard to the location, sanitary construction and health
management of all State institutions; to direct the attention of the State to
health matters which affect the industries, property, health and lives of the
people of the State; to inspect at least annually State institutions and
facilities; to make a report as to the health conditions of these institutions
or facilities with suggestions and recommendations to the appropriate State
agencies. It shall be the duty of the persons in immediate charge of these
institutions or facilities to furnish all assistance necessary for a thorough
inspection;

(11) To establish a schedule of fees based on income to
be paid by a recipient for services provided by Migrant Health Clinics and
Development Evaluation Centers;

(12) To establish fees for the sale of specimen
containers, vaccines and other biologicals. The fees shall not exceed the
actual cost of such items, plus transportation costs;

(13) To establish a fee to cover costs of responding to
requests by employers for industrial hygiene consultation services and
occupational consultation services. The fee shall not exceed two hundred
dollars ($200.00) per on site inspection; and

(14) To establish a fee for companion animal certificate
of examination forms to be distributed, upon request, by the Department to
licensed veterinarians. The fee shall not exceed the cost of the form and
shipping costs.

(15) To establish a fee not to exceed the cost of
analyzing clinical Pap smear specimens sent to the State Laboratory by local
health departments and State-owned facilities and for reporting the results of
the analysis. This fee shall be in addition to the charge for the Pap smear
test kit.

(a) The Secretary shall adopt measurable standards and
goals for community health against which the State's actions to improve the
health status of its citizens will be measured. The Secretary shall report
annually to the General Assembly upon its convening or reconvening and to the
Governor on all of the following:

(1) How the State compares to national health
measurements and established State goals for each standard. Comparisons shall
be reported using disaggregated data for health standards.

(2) Steps taken by State and non-State entities to meet
established goals.

(3) Additional steps proposed or planned to be taken to
achieve established goals.

(b) The Secretary may coordinate and contract with
other entities to assist in the establishment of standards and preparation of
the report. The Secretary may use resources available to implement this section.
(2000-67, s. 11.)

§ 130A-6. Delegation of authority.

Whenever authority is granted by this Chapter upon a public
official, the authority may be delegated to another person authorized by the
public official. (1983, c. 891, s. 2.)

§ 130A-7. Grants-in-aid.

The State is authorized to accept, allocate and expend any
grants-in-aid for public health purposes which may be made available to the
State by the federal government. This Chapter is to be liberally construed in
order that the State and its citizens may benefit fully from these grants-in-aid.
The Commission is authorized to adopt rules, not inconsistent with the laws of
this State, as required by the federal government for receipt of federal funds.
Any federal funds received are to be deposited with the State Treasurer and are
to be appropriated by the General Assembly for the public health purposes
specified. (1957, c. 1357, s. 1; 1983, c. 891, s. 2.)

(a) The Department shall include in its request for
federal funds applicable to public health or mental health grants from the
federal government to the State or any of its agencies, indirect costs incurred
by counties acting as subgrantees under the grants or otherwise providing
services to the Department with regard to the grants to the full extent
permitted by OMB Circular A-87 or its successor. The Department shall allow
counties to claim and recover their indirect costs on these grants to the full
extent permitted by the Circular.

(b) This section shall not apply to those federal
public health or mental health grants which are formula grants to the State or
which are otherwise limited as to the maximum amounts receivable on a statewide
basis. (1977, c. 876, ss. 1, 2; 1983, c. 891, s. 2.)

The Secretary is authorized to establish and appoint as many
special advisory committees as may be necessary to advise and confer with the
Department concerning the public health. Members of any special advisory
committee shall serve without compensation but may be allowed travel and
subsistence expenses in accordance with G.S. 138-6. (1957,
c. 1357, s. 1; 1975, c. 281; 1983, c. 891, s. 2.)

§ 130A-11. Residencies in public health.

The Department shall establish a residency program designed
to attract dentists into the field of public health and to train them in the
specialty of public health practice. The program shall include practical
experience in public health principles and practices. (1975,
c. 945, s. 1; 1983, c. 891, s. 2; 1991, c. 342, s. 6.)

§ 130A-12. Confidentiality of records.

All records containing privileged patient medical
information, information protected under 45 Code of Federal Regulations Parts
160 and 164, and information collected under the authority of Part 4 of Article
5 of this Chapter that are in the possession of the Department of Health and
Human Services or local health departments shall be confidential and shall not
be public records pursuant to G.S. 132-1. Notwithstanding G.S. 8-53, the
information contained in the records may be disclosed for purposes of
treatment, payment, research, or health care operations to the extent that
disclosure is permitted under 45 Code of Federal Regulations §§ 164.506 and
164.512(i). For purposes of this section, the terms "treatment,"
"payment," "research," and "health care
operations" have the meanings given those terms in 45 Code of Federal
Regulations § 164.501. (1985, c. 470, s. 2; 1991
(Reg. Sess., 1992), c. 890, s. 9; 1995, c. 428, s. 1.1; 2004-80, s. 4; 2006-255,
s. 13.2; 2011-145, s. 13.3(qq); 2011-314, s. 3.)

§ 130A-13. Application for eligibility for Department
medical payment program constitutes assignment to the State of right to third
party benefits.

(a) Notwithstanding any other provisions of law, by
applying for financial eligibility for any Department medical payment program
administered under this Chapter, the recipient patient or responsible party for
the recipient patient shall be deemed to have made an assignment to the State
of the right to third party benefits, contractual or otherwise, to which he may
be entitled to the extent of the amount of the Department's payment on behalf
of the recipient patient. Any attorney retained by the recipient patient shall
be compensated for his services in accordance with the following schedule and
in the following order of priority from any amount of such third party benefits
obtained on behalf of the recipient by settlement, with judgment against, or
otherwise from a third party:

(1) First to the payment of any court costs taxed by
the judgment;

(2) Second to the payment of the fee of the attorney
representing the beneficiary making the settlement or obtaining the judgment,
but this fee shall not exceed one-third of the amount obtained or recovered to
which the right of subrogation applies;

(3) Third to the payment of the amount of assistance
received by the beneficiary as prorated with other claims against the amount
obtained or received from the third party to which the right of subrogation
applies, but the amount shall not exceed one-third of the amount obtained or
recovered to which the right of subrogation applies; and

(4) Fourth to the payment of any amount remaining to
the beneficiary or his personal representative.

The United States and the State of North Carolina shall be
entitled to shares in each net recovery under this section. Their shares shall
be promptly paid under this section and their proportionate parts of such sum
shall be determined in accordance with the matching formulas in use during the
period for which assistance was paid to the recipient.

(b) The Department shall establish a third party
resources collection unit that is adequate to ensure collection of third party
resources.

(c) The Commission may adopt rules necessary to
implement this section.

(d) Notwithstanding any other law to the contrary, in
all actions brought by the State pursuant to subsection (a) of this section to
obtain reimbursement for payments for medical services, liability shall be
determined on the basis of the same laws and standards, including bases for
liability and applicable defenses, as would be applicable if the action were
brought by the individual on whose behalf the medical services were rendered. (1989, c. 483, s. 1; 1995, c. 508, s. 1.)

§ 130A-14. Department may assist private nonprofit
foundations.

(a) The Secretary may allow employees of the
Department to assist any private nonprofit foundation that works directly with
services or programs of the Department and whose sole purpose is to support the
services and programs of the Department, and may provide other appropriate
services to any such foundation. No employee of the Department may work with a
foundation for more than 20 hours in any one month. Chapter 150B of the
General Statutes does not apply to any assistance or services provided to a
private nonprofit foundation pursuant to this section.

(b) The board of directors of any private nonprofit
foundation that receives assistance or services pursuant to this section shall
secure and pay for the services of the Department of State Auditor or shall
employ a certified public accountant to conduct an annual audit of the
financial accounts of the foundation. The board of directors of the foundation
shall transmit a copy of the annual financial audit report to the Secretary. (1991, c. 761, s. 37.3; 1993, c. 553, s. 40.1)

§ 130A-15. Access to information.

(a) Health care providers and persons in charge of
health care facilities or laboratories shall, upon request and proper
identification, permit the State Health Director to examine, review, and obtain
a copy of records containing privileged medical information or information
protected under the Health Information Portability and Accountability Act
(HIPAA) medical privacy rule, 45 C.F.R. Parts 160 and 164, that the State
Health Director deems are necessary to prevent, control, or investigate a
disease or health hazard that may present a clear danger to the public health.

(b) Privileged medical information or protected health
information received by the State Health Director pursuant to this section
shall be confidential and is not a public record under G.S. 132-1. The
information shall not be released, except when the release is made pursuant to
any other provision of law, to another federal, state, or local public health
agency for the purpose of preventing or controlling a disease or public health
hazard or to a court or law enforcement official or law enforcement officer for
the purpose of enforcing the provisions of this Chapter or for the purpose of
investigating a disease or public health hazard.

(c) A person who permits examination, review, or
copying of records or who provides copies of the records pursuant to subsection
(a) of this section is immune from any civil or criminal liability that might
otherwise be incurred or imposed. (2007-115, s. 1.)

§ 130A-16. Collection and reporting of race and ethnicity
data.

All medical care providers required by the provisions of this
Chapter to report to the Division of Public Health shall collect and document
patient self-reported race and ethnicity data and shall include such data in
their reports to the Division. (2008-119, s. 1.)

Part 2. Remedies.

§ 130A-17. Right of entry.

(a) The Secretary and a local health director shall
have the right of entry upon the premises of any place where entry is necessary
to enforce the provisions of this Chapter or the rules adopted by the
Commission or a local board of health. If consent for entry is not obtained, an
administrative search and inspection warrant shall be obtained pursuant to G.S.
15-27.2. However, if an imminent hazard exists, no warrant is required for
entry upon the premises.

(b) The Secretary of Environmental Quality and a local
health director shall have the same rights enumerated in subsection (a) of this
section to enforce the provisions of Articles 9 and 10 of this Chapter. (1983, c. 891, s. 2; 1997-443, s. 11A.60; 2001-474, s. 19;
2006-255, s. 13.3; 2011-145, s. 13.3(rr); 2015-241, s. 14.30(v).)

§ 130A-18. Injunction.

(a) If a person shall violate any provision of this
Chapter, the rules adopted by the Commission or rules adopted by a local board
of health, or a condition or term of a permit or order issued under this Chapter,
the Secretary or a local health director may institute an action for injunctive
relief, irrespective of all other remedies at law, in the superior court of the
county where the violation occurred or where a defendant resides.

(a) If the Secretary or a local health director
determines that a public health nuisance exists, the Secretary or a local
health director may issue an order of abatement directing the owner, lessee,
operator or other person in control of the property to take any action
necessary to abate the public health nuisance. If the person refuses to comply
with the order, the Secretary or the local health director may institute an
action in the superior court of the county where the public health nuisance
exists to enforce the order. The action shall be calendared for trial within 60
days after service of the complaint upon the defendant. The court may order the
owner to abate the nuisance or direct the Secretary or the local health
director to abate the nuisance. If the Secretary or the local health director
is ordered to abate the nuisance, the Department or the local health department
shall have a lien on the property for the costs of the abatement of the
nuisance in the nature of a mechanic's and materialmen's lien as provided in
Chapter 44A of the General Statutes and the lien may be enforced as provided
therein.

(a) If the Secretary or a local health director determines
that an imminent hazard exists, the Secretary or a local health director may
order the owner, lessee, operator, or other person in control of the property
to abate the imminent hazard or may, after notice to or reasonable attempt to
notify the owner, lessee, operator, or other person in control of the property
enter upon any property and take any action necessary to abate the imminent
hazard. If the Secretary or a local health director abates the imminent hazard,
the Department or the local health department shall have a lien on the property
of the owner, lessee, operator, or other person in control of the property
where the imminent hazard existed for the cost of the abatement of the imminent
hazard. The lien may be enforced in accordance with procedures provided in
Chapter 44A of the General Statutes. The lien may be defeated by a showing that
an imminent hazard did not exist at the time the Secretary or the local health
director took the action. The owner, lessee, operator, or any other person against
whose property the lien has been filed may defeat the lien by showing that that
person was not culpable in the creation of the imminent hazard.

A person who causes the release of a hazardous material that
results in the activation of one or more State Medical Assistance Teams (SMATs)
or the Epidemiology Section of the Division of Public Health of the Department
of Health and Human Services shall be liable for all reasonable costs incurred
by each team or the Epidemiology Section that responds to or mitigates the
incident. The Secretary of Health and Human Services shall invoice the person
liable for the hazardous materials release and, in the event of nonpayment, may
institute an action to recover those costs in the superior court of the county
in which the release occurred. (2007-107, s. 3.1(b).)

§ 130A-21. Embargo.

(a) In addition to the authority of the Department of
Agriculture and Consumer Services pursuant to G.S. 106-125, the Secretary or a
local health director has authority to exercise embargo authority concerning
food or drink pursuant to G.S. 106-125(a), (b) and (c) when the food or drink
is in an establishment that is subject to regulation by the Department of Health
and Human Services pursuant to this Chapter, that is subject to rules adopted
by the Commission, or that is the subject of an investigation pursuant to G.S.
130A-144; however, no such action shall be taken in any establishment or part
of an establishment that is under inspection or otherwise regulated by the
Department of Agriculture and Consumer Services or the United States Department
of Agriculture other than the part of the establishment that is subject to
regulation by the Department of Health and Human Services pursuant to this
Chapter. Any action under this section shall only be taken by, or after
consultation with, Department of Health and Human Services regional
environmental health specialists, or the Director of the Division of Public
Health or the Director's designee, in programs regulating food and drink
pursuant to this Chapter or in programs regulating food and drink that are
subject to rules adopted by the Commission. Authority under this section shall
not be delegated to individual environmental health specialists in local health
departments otherwise authorized and carrying out laws and rules pursuant to
G.S. 130A-4. When any action is taken pursuant to this section, the Department
of Health and Human Services or the local health director shall immediately
notify the Department of Agriculture and Consumer Services. For the purposes of
this subsection, all duties and procedures in G.S. 106-125 shall be carried out
by the Secretary of Health and Human Services or the local health director and
shall not be required to be carried out by the Department of Agriculture and
Consumer Services. It shall be unlawful for any person to remove or dispose of
the food or drink by sale or otherwise without the permission of a Department
of Health and Human Services regional environmental health specialist, the
Director of the Division of Public Health or the Director's designee, the local
health director, or a duly authorized agent of the Department of Agriculture
and Consumer Services, or by the court in accordance with the provisions of
G.S. 106-125.

(d) Nothing in this section is intended to limit the
embargo authority of the Department of Agriculture and Consumer Services. The
Department of Health and Human Services and the Department of Agriculture and
Consumer Services are authorized to enter agreements respecting the duties and
responsibilities of each agency in the exercise of their embargo authority.

(e) For the purpose of this section, a food or drink
is adulterated if the food or drink is deemed adulterated under G.S. 106-129;
and food or drink is misbranded if it is deemed misbranded under G.S. 106-130. (1983, c. 891, s. 2; 1997-261, s. 109; 1997-443, s.
11A.63A; 2006-80, s. 1; 2007-7, s. 1; 2011-145, ss. 13.3(s), (vv), (ww),
(ttt).)

§ 130A-22. Administrative penalties.

(a) The Secretary of Environmental Quality may impose
an administrative penalty on a person who violates Article 9 of this Chapter,
rules adopted by the Commission pursuant to Article 9, or any term or condition
of a permit or order issued under Article 9. Each day of a continuing violation
shall constitute a separate violation. The penalty shall not exceed fifteen
thousand dollars ($15,000) per day in the case of a violation involving
nonhazardous waste. The penalty shall not exceed thirty-two thousand five
hundred dollars ($32,500) per day in the case of a first violation involving
hazardous waste as defined in G.S. 130A-290 or involving the disposal of
medical waste as defined in G.S. 130A-290 in or upon water in a manner that
results in medical waste entering waters or lands of the State; and shall not
exceed fifty thousand dollars ($50,000) per day for a second or further
violation involving the disposal of medical waste as defined in G.S. 130A-290
in or upon water in a manner that results in medical waste entering waters or
lands of the State. The penalty shall not exceed thirty-two thousand five
hundred dollars ($32,500) per day for a violation involving a voluntary
remedial action implemented pursuant to G.S. 130A-310.9(c) or a violation of
the rules adopted pursuant to G.S. 130A-310.12(b). The penalty shall not exceed
one hundred dollars ($100.00) for a first violation; two hundred dollars
($200.00) for a second violation within any 12-month period; and five hundred
dollars ($500.00) for each additional violation within any 12-month period for
any violation of Part 2G of Article 9 of this Chapter. For violations of Part 7
of Article 9 of this Chapter and G.S. 130A-309.10(m): (i) a warning shall be
issued for a first violation; (ii) the penalty shall not exceed two hundred
dollars ($200.00) for a second violation; and (iii) the penalty shall not
exceed five hundred dollars ($500.00) for subsequent violations. If a person
fails to pay a civil penalty within 60 days after the final agency decision or
court order has been served on the violator, the Secretary of Environmental
Quality shall request the Attorney General to institute a civil action in the
superior court of any county in which the violator resides or has his or its
principal place of business to recover the amount of the assessment. Such civil
actions must be filed within three years of the date the final agency decision
or court order was served on the violator.

(a1) Part 5 of Article 21A of Chapter 143 of the General
Statutes shall apply to the determination of civil liability or penalty
pursuant to subsection (a) of this section.

(b) The Secretary of Environmental Quality may impose
an administrative penalty on a person who violates G.S. 130A-325. Each day of a
continuing violation shall constitute a separate violation. The penalty shall
not exceed twenty-five thousand dollars ($25,000) for each day the violation
continues.

(b1) The Secretary may impose an administrative penalty
on a person who violates Article 19 of this Chapter or a rule adopted pursuant
to that Article. Except as provided in subsection (b2) of this section, the
penalty shall not exceed one thousand dollars ($1,000) per day per violation.
Until the Department has notified the person of the violation, a continuing
violation shall be treated as one violation. Each day thereafter of a
continuing violation shall be treated as a separate violation.

In determining the amount of a penalty under this subsection
or subsection (b2) of this section, the Secretary shall consider all of the
following factors:

(1) The degree and extent of harm to the natural
resources of the State, to the public health, or to private property resulting
from the violation.

(2) The duration and gravity of the violation.

(3) The effect on air quality.

(4) The cost of rectifying the damage.

(5) The amount of money the violator saved by
noncompliance.

(6) The prior record of the violator in complying or
failing to comply with Article 19 of this Chapter or a rule adopted pursuant to
that Article.

(7) The cost to the State of the enforcement procedures.

(8) If applicable, the size of the renovation and
demolition involved in the violation.

(b2) The penalty for violations of the asbestos NESHAP
for demolition and renovation, as defined in G.S. 130A-444, shall not exceed
ten thousand dollars ($10,000) per day per violation. Until the Department has
provided the person with written notification of the violation of the asbestos
NESHAP for demolition and renovation that describes the violation, recommends a
general course of action, and establishes a time frame in which to correct the
violations, a continuing violation shall be treated as one violation. Each day
thereafter of a continuing violation shall be treated as a separate violation.
A violation of the asbestos NESHAP for demolition and renovation is not
considered to continue during the period a person who has received the notice
of violation is following the general course of action and complying with the
time frame set forth in the notice of violation.

(b3) The Secretary may impose an administrative penalty
on a person who violates Article 19A or 19B of this Chapter or any rules
adopted pursuant to Article 19A or 19B of this Chapter. Each day of a
continuing violation is a separate violation. The penalty shall not exceed five
thousand dollars ($5,000) for each day the violation continues for Article 19A
of this Chapter. The penalty shall not exceed five thousand dollars ($5,000)
for each day the violation continues for Article 19B of this Chapter. The
penalty authorized by this section does not apply to a person who is not
required to be certified under Article 19A or 19B.

(c) The Secretary may impose an administrative penalty
on a person who willfully violates Article 11 of this Chapter, rules adopted by
the Commission pursuant to Article 11 or any condition imposed upon a permit
issued under Article 11. An administrative penalty may not be imposed upon a
person who establishes that neither the site nor the system may be improved or
a new system installed so as to comply with Article 11 of this Chapter. Each
day of a continuing violation shall constitute a separate violation. The
penalty shall not exceed fifty dollars ($50.00) per day in the case of a
wastewater collection, treatment and disposal system with a design daily flow
of no more than 480 gallons or in the case of any system serving a single one-family
dwelling. The penalty shall not exceed three hundred dollars ($300.00) per day
in the case of a wastewater collection, treatment and disposal system with a
design daily flow of more than 480 gallons which does not serve a single one-family
dwelling.

(c1) The Secretary may impose a monetary penalty on a
vendor who violates rules adopted by the Commission pursuant to Article 13 of
this Chapter when the Secretary determines that disqualification would result
in hardship to participants in the Women, Infants, and Children (WIC) program.
The penalty shall be calculated using the following formula: multiply five
percent (5%) times the average dollar amount of the vendor's monthly
redemptions of WIC food instruments for the 12-month period immediately
preceding disqualification, then multiply that product by the number of months
of the disqualification period determined by the Secretary.

(d) In determining the amount of the penalty in
subsections (a), (b) and (c), the Secretary and the Secretary of Environmental
Quality shall consider all of the following factors:

(1) Type of violation.

(2) Type of waste involved.

(3) Duration of the violation.

(4) Cause (whether resulting from a negligent,
reckless, or intentional act or omission).

(5) Potential effect on public health and the
environment.

(6) Effectiveness of responsive measures taken by the
violator.

(7) Damage to private property.

(8) The degree and extent of harm caused by the
violation.

(9) Cost of rectifying any damage.

(10) The amount of money the violator saved by
noncompliance.

(11) The violator's previous record in complying or not
complying with the provisions of Article 9 of this Chapter, Article 11 of this
Chapter, or G.S. 130A-325, and any regulations adopted thereunder, as
applicable to the violation in question.

(e) A person contesting a penalty shall, by filing a
petition pursuant to G.S. 150B-23(a) not later than 30 days after receipt by
the petitioner of the document which constitutes agency action, be entitled to
an administrative hearing and judicial review in accordance with Chapter 150B
of the General Statutes, the Administrative Procedure Act.

(f) The Commission shall adopt rules concerning the
imposition of administrative penalties under this section.

(g) The Secretary or the Secretary of Environmental
Quality may bring a civil action in the superior court of the county where the
violation occurred or where the defendant resides to recover the amount of an
administrative penalty authorized under this section whenever a person:

(1) Who has not requested an administrative hearing in
accordance with subsection (e) of this section fails to pay the penalty within
60 days after being notified of the penalty; or

(2) Who has requested an administrative hearing fails
to pay the penalty within 60 days after service of a written copy of the final
agency decision.

(h) A local health director may impose an
administrative penalty on any person who willfully violates the wastewater
collection, treatment, and disposal rules of the local board of health adopted
pursuant to G.S. 130A-335(c) or who willfully violates a condition imposed upon
a permit issued under the approved local rules. An administrative penalty may
not be imposed upon a person who establishes that neither the site nor the
system may be improved or a new system installed so as to comply with Article
11 of this Chapter. The local health director shall establish and recover the
amount of the administrative penalty in accordance with subsections (d) and
(g). Each day of a continuing violation shall constitute a separate violation.
The penalty shall not exceed fifty dollars ($50.00) per day in the case of a
wastewater collection, treatment and disposal system with a design daily flow
of no more than 480 gallons or in the case of any system serving a single one-family
dwelling.

The penalty shall not exceed three hundred dollars ($300.00) per
day in the case of a wastewater collection, treatment and disposal system with
a design daily flow of more than 480 gallons which does not serve a single one-family
dwelling. A person contesting a penalty imposed under this subsection shall be
entitled to an administrative hearing and judicial review in accordance with
G.S. 130A-24. A local board of health shall adopt rules concerning the
imposition of administrative penalties under this subsection.

(h1) A local health director may take the following
actions and may impose the following administrative penalty on a person who
manages, operates, or controls a public place or place of employment and fails
to comply with the provisions of Part 1C of Article 23 of this Chapter or with
rules adopted thereunder or with local ordinances, rules, laws, or policies adopted
pursuant to Part 2 of Article 23 of this Chapter:

(1) First violation. - Provide the person in violation
with written notice of the person's first violation and notification of action
to be taken in the event of subsequent violations.

(2) Second violation. - Provide the person in violation
with written notice of the person's second violation and notification of
administrative penalties to be imposed for subsequent violations.

(3) Subsequent violations. - Impose on the person in
violation an administrative penalty of not more than two hundred dollars
($200.00) for the third and subsequent violations.

Each day on which a violation of this Article or rules
adopted pursuant to this Article occurs may be considered a separate and
distinct violation. Notwithstanding G.S. 130A-25, a violation of Article 23 of
this Chapter shall not be punishable as a criminal violation.

(i) The clear proceeds of penalties assessed pursuant
to this section shall be remitted to the Civil Penalty and Forfeiture Fund in
accordance with G.S. 115C-457.2.

§ 130A-23. Suspension and revocation of permits and program
participation.

(a) The Secretary may suspend or revoke a permit
issued under this Chapter upon a finding that a violation of the applicable
provisions of this Chapter, the rules of the Commission or a condition imposed
upon the permit has occurred. A permit may also be suspended or revoked upon a
finding that its issuance was based upon incorrect or inadequate information
that materially affected the decision to issue the permit.

(b) The Secretary may suspend or revoke a person's
participation in a program administered under this Chapter upon a finding that
a violation of the applicable provisions of this Chapter or the rules of the
Commission has occurred. Program participation may also be suspended or revoked
upon a finding that participation was based upon incorrect or inadequate
information that materially affected the decision to grant program
participation.

(c) A person shall be given notice that there has been
a tentative decision to suspend or revoke the permit or program participation
and that an administrative hearing will be held in accordance with Chapter 150B
of the General Statutes, the Administrative Procedure Act, at which time the
person may challenge the tentative decision.

(d) A permit shall be suspended or revoked immediately
if a violation of the Chapter, the rules or a condition imposed upon the permit
presents an imminent hazard. An operation permit issued pursuant to G.S. 130A-281
shall be immediately suspended for failure of a public swimming pool to
maintain minimum water quality or safety standards or design and construction
standards pertaining to the abatement of suction hazards which result in an
unsafe condition. A permit issued pursuant to G.S. 130A-248 shall be revoked
immediately for failure of an establishment to maintain a minimum grade of C.
The Secretary of Environmental Quality shall immediately give notice of the
suspension or revocation and the right of the permit holder or program
participant to appeal the suspension or revocation under G.S. 150B-23.

(a) Appeals concerning the enforcement of rules adopted
by the Commission, concerning the suspension and revocation of permits and
program participation by the Secretary and concerning the imposition of
administrative penalties by the Secretary shall be governed by Chapter 150B of
the General Statutes, the Administrative Procedure Act.

(a1) Any person appealing an action taken by the
Department pursuant to this Chapter or rules of the Commission shall file a
petition for a contested case with the Office of Administrative Hearings as
provided in G.S. 150B-23(a). The petition shall be filed not later than 30 days
after notice of the action which confers the right of appeal unless a federal
statute or regulation provides for a different time limitation. The time
limitation imposed under this subsection shall commence when notice of the
agency decision is given to all persons aggrieved. Such notice shall be
provided to all persons known to the agency by personal delivery or by the
placing of notice in an official depository of the United States Postal Service
addressed to the person at the latest address provided to the agency by the
person.

(b) Appeals concerning the enforcement of rules
adopted by the local board of health and concerning the imposition of
administrative penalties by a local health director shall be conducted in
accordance with this subsection and subsections (c) and (d) of this section.
The aggrieved person shall give written notice of appeal to the local health
director within 30 days of the challenged action. The notice shall contain the
name and address of the aggrieved person, a description of the challenged
action and a statement of the reasons why the challenged action is incorrect.
Upon filing of the notice, the local health director shall, within five working
days, transmit to the local board of health the notice of appeal and the papers
and materials upon which the challenged action was taken.

(c) The local board of health shall hold a hearing
within 15 days of the receipt of the notice of appeal. The board shall give the
person not less than 10 days' notice of the date, time and place of the
hearing. On appeal, the board shall have authority to affirm, modify or reverse
the challenged action. The local board of health shall issue a written decision
based on the evidence presented at the hearing. The decision shall contain a
concise statement of the reasons for the decision.

(d) A person who wishes to contest a decision of the
local board of health under subsection (b) of this section shall have a right
of appeal to the district court having jurisdiction within 30 days after the
date of the decision by the board. The scope of review in district court shall
be the same as in G.S. 150B-51.

(a) Except as otherwise provided, a person who
violates a provision of this Chapter or the rules adopted by the Commission or
a local board of health shall be guilty of a misdemeanor.

(b) A person convicted under this section for
violation of G.S. 130A-144(f) or G.S. 130A-145 shall not be sentenced under
Article 81B of Chapter 15A of the General Statutes but shall instead be
sentenced to a term of imprisonment of no more than two years and shall serve
any prison sentence in McCain Hospital, Section of Prisons of the Division of
Adult Correction, McCain, North Carolina; the North Carolina Correctional
Center for Women, Section of Prisons of the Division of Adult Correction, Raleigh,
North Carolina; or any other confinement facility designated for this purpose
by the Secretary of Public Safety after consultation with the State Health
Director. The Secretary of Public Safety shall consult with the State Health
Director concerning the medical management of these persons.

(c) Notwithstanding G.S. 148-4.1, G.S. 148-13, or any
other contrary provision of law, a person imprisoned for violation of G.S. 130A-144(f)
or G.S. 130A-145 shall not be released prior to the completion of the person's
term of imprisonment unless and until a determination has been made by the
District Court that release of the person would not create a danger to the
public health. This determination shall be made only after the medical
consultant of the confinement facility and the State Health Director, in
consultation with the local health director of the person's county of
residence, have made recommendations to the Court.

(a) The definition of "person" set out in
G.S. 130A-290 shall apply to this section. In addition, for purposes of this
section, the term "person" shall also include any responsible
corporate or public officer or employee.

(b) No proceeding shall be brought or continued under
this section for or on account of a violation by any person who has previously
been convicted of a federal violation based upon the same set of facts.

(c) In proving the defendant's possession of actual
knowledge, circumstantial evidence may be used, including evidence that the
defendant took affirmative steps to shield himself from relevant information.
Consistent with the principles of common law, the subjective mental state of
defendants may be inferred from their conduct.

(d) For the purposes of the felony provisions of this
section, a person's state of mind shall not be found "knowingly and
willfully" or "knowingly" if the conduct that is the subject of
the prosecution is the result of any of the following occurrences or
circumstances:

(1) A natural disaster or other act of God which could
not have been prevented or avoided by the exercise of due care or foresight.

(2) An act of third parties other than agents,
employees, contractors, or subcontractors of the defendant.

(3) An act done in reliance on the written advice or
emergency on-site direction of an employee of the Department of Environmental
Quality. In emergencies, oral advice may be relied upon if written confirmation
is delivered to the employee as soon as practicable after receiving and relying
on the advice.

(4) An act causing no significant harm to the
environment or risk to the public health, safety, or welfare and done in
compliance with other conflicting environmental requirements or other
constraints imposed in writing by environmental agencies or officials after
written notice is delivered to all relevant agencies that the conflict exists
and will cause a violation of the identified standard.

(5) Violations of permit limitations causing no
significant harm to the environment or risk to the public health, safety, or
welfare for which no enforcement action or civil penalty could have been
imposed under any written civil enforcement guidelines in use by the Department
of Environmental Quality at the time, including but not limited to, guidelines
for the pretreatment permit civil penalties. This subdivision shall not be
construed to require the Department of Environmental Quality to develop or use
written civil enforcement guidelines.

(e) All general defenses, affirmative defenses, and
bars to prosecution that may apply with respect to other criminal offenses
under State criminal offenses may apply to prosecutions brought under this
section or other criminal statutes that refer to this section and shall be
determined by the courts of this State according to the principles of common
law as they may be applied in the light of reason and experience. Concepts of
justification and excuse applicable under this section may be developed in the
light of reason and experience.

(f) Any person who knowingly and willfully does any of
the following shall be guilty of a Class I felony, which may include a fine not
to exceed one hundred thousand dollars ($100,000) per day of violation,
provided that this fine shall not exceed a cumulative total of five hundred
thousand dollars ($500,000) for each period of 30 days during which a violation
continues:

(1) Transports or causes to be transported any
hazardous waste identified or listed under G.S. 130A-294(c) to a facility which
does not have a permit or interim status under G.S. 130A-294(c) or 42 U.S.C. §
6921, et seq.

(2) Transports or causes to be transported such
hazardous waste with the intent of delivery to a facility without a permit.

(3) Treats, stores, or disposes of such hazardous waste
without a permit or interim status under G.S. 130A-294(c) or 42 U.S.C. §6921,
et seq., or in knowing violation of any material condition or requirement or
such permit or applicable interim status rules.

(g) Any person who knowingly and willfully does any of
the following shall be guilty of a Class I felony, which may include a fine not
to exceed one hundred thousand dollars ($100,000) per day of violation,
provided that the fine shall not exceed a cumulative total of five hundred
thousand dollars ($500,000) for each period of 30 days during which a violation
continues:

(1) Transports or causes to be transported hazardous
waste without a manifest as required under G.S. 130A-294(c).

(2) Transports hazardous waste without a United States
Environmental Protection Agency identification number as required by rules
promulgated under G.S. 130A-294(c).

(3) Omits material information or makes any false
material statement or representation in any application, label, manifest,
record, report, permit, or other document filed, maintained, or used for
purposes of compliance with rules promulgated under G.S. 130A-294(c).

(4) Generates, stores, treats, transports, disposes of,
exports, or otherwise handles any hazardous waste or any used oil burned for
energy recovery and who knowingly destroys, alters, conceals, or fails to file
any record, application, manifest, report, or other document required to be
maintained or filed for purposes of compliance with rules promulgated under
G.S. 130A-294(c).

(5) Provides false information or fails to provide
information relevant to a decision by the Department as to whether or not to
enter into a brownfields agreement under Part 5 of Article 9 of this Chapter.

(6) Provides false information or fails to provide
information required by a brownfields agreement under Part 5 of Article 9 of
this Chapter.

(7) Provides false information relevant to a decision
by the Department pursuant to:

a. G.S. 130A-308(b).

b. G.S. 130A-310.7(c).

c. G.S. 143-215.3(f).

d. G.S. 143-215.84(e).

(h) For the purposes of subsections (f) and (g) of
this section, the phrase "knowingly and willfully" shall mean
intentionally and consciously as the courts of this State, according to the
principles of common law interpret the phrase in the light of reason and experience.

(i) (1) Any person
who knowingly transports, treats, stores, disposes of, or exports any hazardous
waste or used oil regulated under G.S. 130A-294(c) in violation of subsection
(f) or (g) of this section, who knows at the time that he thereby places
another person in imminent danger of death or personal bodily injury shall be
guilty of a Class C felony which may include a fine not to exceed two hundred
fifty thousand dollars ($250,000) per day of violation, provided that this fine
shall not exceed a cumulative total of one million dollars ($1,000,000) for
each period of 30 days during which a violation continues.

(2) For the purposes of this subsection, a person's
state of mind is knowing with respect to:

a. His conduct, if he is aware of the nature of his
conduct;

b. An existing circumstance, if he is aware or
believes that the circumstance exists; or

c. A result of his conduct, if he is aware or believes
that his conduct is substantially certain to cause danger of death or serious
bodily injury.

(3) Under this subsection, in determining whether a
defendant who is a natural person knew that his conduct placed another person
in imminent danger of death or serious bodily injury:

a. The person is responsible only for actual awareness
or actual belief that he possessed; and

b. Knowledge possessed by a person other than the
defendant but not by the defendant himself may not be attributed to the
defendant.

(4) It is an affirmative defense to a prosecution under
this subsection that the conduct charged was conduct consented to by the person
endangered and that the danger and conduct charged were reasonably foreseeable
hazards of an occupation, a business, or a profession; or of medical treatment
or medical or scientific experimentation conducted by professionally approved
methods and such other person had been made aware of the risks involved prior
to giving consent. The defendant may establish an affirmative defense under
this subdivision by a preponderance of the evidence.

(j) Any person convicted of an offense under
subsection (f), (g), or (h) of this section following a previous conviction
under this section shall be subject to a fine, or imprisonment, or both, not
exceeding twice the amount of the fine, or twice the term of imprisonment
provided in the subsection under which the second or subsequent conviction
occurs. (1989 (Reg. Sess., 1990), c. 1045, s. 9;
1993, c. 539, ss. 1303-1305; 1994, Ex. Sess., c. 24, s. 14(c); 1997-357, s. 3;
1997-443, s. 11A.67; 2015-241, s. 14.30(u).)

§ 130A-26.2. Penalty for false reporting under Article 9.

Any person who knowingly makes any false statement,
representation, or certification in any application, record, report, plan, or
other document filed or required to be maintained under Article 9 of this
Chapter or rules adopted under Article 9 of this Chapter; or who knowingly
makes a false statement of a material fact in a rule-making proceeding or
contested case under Article 9 of this Chapter; or who falsifies, tampers with,
or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 9 of this Chapter or rules
adopted under Article 9 of this Chapter is guilty of a Class 2 misdemeanor. The
maximum fine that may be imposed for an offense under this section is ten
thousand dollars ($10,000). (1993 (Reg. Sess., 1994),
c. 598, s. 3.)

The 10-year period set forth in G.S. 1-52(16) shall not be
construed to bar an action for personal injury, or property damages caused or
contributed to by groundwater contaminated by a hazardous substance, pollutant,
or contaminant, including personal injury or property damages resulting from
the consumption, exposure, or use of water supplied from groundwater
contaminated by a hazardous substance, pollutant, or contaminant. For purposes
of this section, "contaminated by a hazardous substance, pollutant, or
contaminant" means the concentration of the hazardous substance,
pollutant, or contaminant exceeds a groundwater quality standard set forth in
15A NCAC 2L .0202. (2014-17, s. 3; 2014-44, ss. 1(b),
(c).)

§ 130A-26A. Violations of Article 4.

(a) A person who commits any of the following acts
shall be guilty of a Class 1 misdemeanor:

(1) Willfully and knowingly makes any false statement
in a certificate, record, or report required by Article 4 of this Chapter;

(2) Removes or permits the removal of a dead body of a
human being without authorization provided in Article 4 of this Chapter;

(3) Refuses or fails to furnish correctly any
information in the person's possession or furnishes false information affecting
a certificate or record required by Article 4 of this Chapter;

(4) Fails, neglects, or refuses to perform any act or
duty required by Article 4 of this Chapter or by the instructions of the State
Registrar prepared under authority of the Article.

(5) Charges a fee for performing any act or duty required
by Article 4 of this Chapter or by the State Registrar pursuant to Article 4 of
this Chapter, other than fees specifically authorized by law.

(b) A person who commits any of the following acts
shall be guilty of a Class I felony:

(1) Willfully and knowingly makes any false statement
in an application for a certified copy of a vital record, or who willfully and
knowingly supplies false information intending that the information be used in
the obtaining of any copy of a vital record;

(2) Without lawful authority and with the intent to
deceive makes, counterfeits, alters, amends, or mutilates a certificate,
record, or report required by Article 4 of this Chapter or a certified copy of
the certificate, record, or report;

(3) Willfully and knowingly obtains, possesses, sells,
furnishes, uses, or attempts to use for any purpose of deception, a
certificate, record, or report required by Article 4 of this Chapter or a
certified copy of the certificate, record, or report, which is counterfeited,
altered, amended, or mutilated, or which is false in whole or in part or which
relates to the birth of another person, whether living or deceased;

(4) When employed by the Vital Records Section of the
Department or designated under Article 4 of this Chapter, willfully and
knowingly furnishes or processes a certificate of birth, death, marriage, or
divorce, or certified copy of a certificate of birth, death, marriage, or
divorce with the knowledge or intention that it be used for the purposes of
deception;

(5) Without lawful authority possesses a certificate,
record, or report required by Article 4 of this Chapter or a certified copy of
the certificate, record, or report knowing that it was stolen or otherwise
unlawfully obtained;

(6) Willfully alters, except as provided by G.S. 130A-118,
or falsifies a certificate or record required by Article 4 of this Chapter; or
willfully alters, falsifies, or changes a photocopy, certified copy, extract
copy, or any document containing information obtained from an original or copy
of a certificate or record required by Article 4 of this Chapter; or willfully
makes, creates, or uses any altered, falsified or changed record, reproduction,
copy or document for the purpose of attempting to prove or establish for any
purpose whatsoever any matter purported to be shown on it;

(7) Without lawful authority, manufactures or possesses
the seal of: (i) the Vital Records Section, (ii) a county register of deeds,
or (iii) a county health department, or without lawful authority, manufactures
or possesses a reproduction or a counterfeit copy of the seal;

(8) Without lawful authority prepares or issues any
certificate which purports to be an official certified copy of a vital record;

(9) Without lawful authority, manufactures or possesses
Vital Records Section, county register of deeds, or county health department
vital records forms or safety paper used to certify births, deaths, marriages,
and divorces, or reproductions or counterfeit copies of the forms or safety
paper; or

(10) Willfully and knowingly furnishes a certificate of
birth or certified copy of a record of birth with the intention that it be used
by an unauthorized person or for an unauthorized purpose. (1995, c. 311, s. 2.)

§ 130A-27. Recovery of money.

The Secretary or the Secretary of Environmental Quality may
institute an action in the county where the action arose or the county where
the defendant resides to recover any money, other property or interest in
property or the monetary value of goods or services provided or paid for by the
Department or the Secretary of Environmental Quality which are wrongfully paid
or transferred to a person under a program administered by the Department or
the Secretary of Environmental Quality pursuant to this Chapter. (1983, c. 891, s. 2; 1997-443, s. 11A.68; 2015-241, s.
14.30(v).)

§ 130A-28. Forfeiture of gain.

In the case of a violation of this Chapter or the rules
adopted by the Commission, money or other property or interest in property so
acquired shall be forfeited to the State unless ownership by an innocent person
may be established. An action may be instituted by the Attorney General or a
district attorney pursuant to G.S. 1-532. (1983, c.
891, s. 2.)

(8) Establishing permit requirements for the sanitation
of premises, utensils, equipment, and procedures to be used by a person engaged
in tattooing, as provided in Part 11 of Article 8 of this Chapter.

(9) Implementing immunization requirements for adult
care homes as provided in G.S. 131D-9 and for nursing homes as provided in G.S.
131E-113.

(10) Pertaining to the biological agents registry in
accordance with G.S. 130A-479.

(11) For matters within its jurisdiction that allow for
and regulate horizontal drilling and hydraulic fracturing for the purpose of
oil and gas exploration and development.

(d) The Commission is authorized to create:

(1) Metropolitan water districts as provided in G.S.
162A-33;

(2) Sanitary districts as provided in Part 2 of Article
2 of this Chapter; and

(3) Mosquito control districts as provided in Part 2 of
Article 12 of this Chapter.

(a) The Commission for Public Health shall consist of
13 members, four of whom shall be elected by the North Carolina Medical Society
and nine of whom shall be appointed by the Governor.

(b) One of the members appointed by the Governor shall
be a licensed pharmacist, one a registered engineer experienced in sanitary
engineering or a soil scientist, one a licensed veterinarian, one a licensed
optometrist, one a licensed dentist, and one a registered nurse. The initial
members of the Commission shall be the members of the State Board of Health who
shall serve for a period equal to the remainder of their current terms on the
State Board of Health, three of whose appointments expire May 1, 1973, and two
of whose appointments expire May 1, 1975. At the end of the respective terms of
office of initial members of the Commission, their successors shall be
appointed for terms of four years and until their successors are appointed and
qualify. Any appointment to fill a vacancy on the Commission created by the
resignation, dismissal, death, or disability of a member shall be for the
balance of the unexpired term.

(c) The North Carolina Medical Society shall have the
right to remove any member elected by it for misfeasance, malfeasance, or
nonfeasance, and the Governor shall have the right to remove any member
appointed by him for misfeasance, malfeasance, or nonfeasance in accordance
with the provisions of G.S. 143B-13. Vacancies on said Commission among the
membership elected by the North Carolina Medical Society shall be filled by the
executive committee of the Medical Society until the next meeting of the
Medical Society, when the Medical Society shall fill the vacancy for the
unexpired term. Vacancies on said Commission among the membership appointed by
the Governor shall be filled by the Governor for the unexpired term.

(d) A majority of the members of the Commission shall
constitute a quorum for the transaction of business.

The Commission for Public Health shall have a chairman and a
vice-chairman. The chairman shall be designated by the Governor from among the
members of the Commission to serve as chairman at his pleasure. The vice-chairman
shall be elected by and from the members of the Commission and shall serve for
a term of two years or until the expiration of his regularly appointed term. (1973, c. 476, s. 125; 1989, c. 727, s. 175; 2007-182, s.
2.)

§ 130A-32. Commission for Public Health - Election meetings.

The meeting of the Commission for Public Health for the
election of vice-chairman shall be at the first regular meeting after the joint
session of the Commission for Public Health and the North Carolina Medical
Society at the annual meeting of the North Carolina Medical Society each odd-numbered
year. (1973, c. 476, s. 126; 1989, c. 727, s. 175;
2007-182, s. 2.)

§ 130A-33. Commission for Public Health - Regular and
special meetings.

Each year there shall be four regular meetings of the
Commission for Public Health, one of which shall be held conjointly with a
general session of the annual meeting of the North Carolina Medical Society.
The State Health Director shall submit an annual report on public health at
this meeting. The other three meetings shall be at such times and places as the
chairman of the Commission shall designate. Special meetings of the Commission
may be called by the chairman, or by a majority of the members of the
Commission. (1973, c. 476, s. 127; 1989, c. 727, ss.
175, 178; 1993, c. 513, s. 6; 2007-182, s. 2.)

§ 130A-33.1: Reserved for
future codification purposes.

§ 130A-33.2: Reserved for
future codification purposes.

§ 130A-33.3: Reserved for
future codification purposes.

§ 130A-33.4: Reserved for
future codification purposes.

§ 130A-33.5: Reserved for
future codification purposes.

§ 130A-33.6: Reserved for
future codification purposes.

§ 130A-33.7: Reserved for
future codification purposes.

§ 130A-33.8: Reserved for
future codification purposes.

§ 130A-33.9: Reserved for
future codification purposes.

§ 130A-33.10: Reserved for
future codification purposes.

§ 130A-33.11: Reserved for
future codification purposes.

§ 130A-33.12: Reserved for
future codification purposes.

§ 130A-33.13: Reserved for
future codification purposes.

§ 130A-33.14: Reserved for
future codification purposes.

§ 130A-33.15: Reserved for
future codification purposes.

§ 130A-33.16: Reserved for
future codification purposes.

§ 130A-33.17: Reserved for
future codification purposes.

§ 130A-33.18: Reserved for
future codification purposes.

§ 130A-33.19: Reserved for
future codification purposes.

§ 130A-33.20: Reserved for
future codification purposes.

§ 130A-33.21: Reserved for
future codification purposes.

§ 130A-33.22: Reserved for
future codification purposes.

§ 130A-33.23: Reserved for
future codification purposes.

§ 130A-33.24: Reserved for
future codification purposes.

§ 130A-33.25: Reserved for
future codification purposes.

§ 130A-33.26: Reserved for
future codification purposes.

§ 130A-33.27: Reserved for
future codification purposes.

§ 130A-33.28: Reserved for
future codification purposes.

§ 130A-33.29: Reserved for
future codification purposes.

Article 1B.

Commissions and Councils.

Part 1. Commission of Anatomy.

§ 130A-33.30. Commission of Anatomy - Creation; powers and
duties.

There is created the Commission of Anatomy in the Department
with the power and duty to adopt rules for the distribution of dead human
bodies and parts thereof for the purpose of promoting the study of anatomy in
the State of North Carolina. The Commission is authorized to receive dead
bodies pursuant to G.S. 130A-412.13 and to be a donee of a body or parts
thereof pursuant to Part 3A, Article 16 of Chapter 130A of the General Statutes
known as the Revised Uniform Anatomical Gift Act and to distribute such bodies
or parts thereof pursuant to the rules adopted by the Commission. (1975, c. 694, s. 2; 1989, c. 727, ss. 182(a), 183; 1989
(Reg. Sess., 1990), c. 1024, s. 29; 1997-443, s. 11A.69; 2007-538, s. 9.)

(a) The Commission of Anatomy shall consist of six
members, one representative from the field of mortuary science, and one each
from The University of North Carolina School of Medicine, East Carolina University
School of Medicine, Duke University School of Medicine, Bowman Gray School of
Medicine, and Campbell University School of Osteopathic Medicine. The dean of
each school shall make recommendations and the Secretary shall appoint from
such recommendations a member to the Commission. The president of the State
Board of Funeral Service shall appoint the representative from the field of
mortuary science to the Commission. The members shall serve terms of four years
except two of the original members shall serve a term of one year, one shall
serve a term of two years, one shall serve a term of three years, and one shall
serve a term of four years. The Secretary shall determine the terms of the
original members.

(b) Any appointment to fill a vacancy on the
Commission created by the resignation, dismissal, death, or disability of a
member shall be for the balance of the unexpired term.

(c) The Secretary shall remove any member of the
Commission from office for misfeasance, malfeasance or nonfeasance.

(d) The Commission shall elect a chair annually from
its own membership.

(e) A majority of the Commission shall constitute a
quorum for the transaction of business.

(f) The Commission shall meet at any time and place
within the State at the call of the chair or upon the written request of three
members.

§ 130A-33.32. Commission of Anatomy - Reference to former
Board of Anatomy in testamentary disposition.

A testamentary disposition of a body or part thereof to the
former Board of Anatomy shall be deemed in all respects to be a disposition to
the Commission of Anatomy. (1975, c. 694, s. 2; 1989,
c. 727, ss. 182(a), 185.)

(a) The Minority Health Advisory Council in the
Department shall consist of 15 members to be appointed as follows:

(1) Five members shall be appointed by the Governor.
Members appointed by the Governor shall be representatives of the following:
health care providers, public health, health related public and private
agencies and organizations, community-based organizations, and human services
agencies and organizations.

(2) Five members shall be appointed by the Speaker of
the House of Representatives, two of whom shall be members of the House of
Representatives, and at least one of whom shall be a public member. The
remainder of the Speaker's appointees shall be representative of any of the
entities named in subdivision (1) of this subsection.

(3) Five members shall be appointed by the President
Pro Tempore of the Senate, two of whom shall be members of the Senate, and at
least one of whom shall be a public member. The remainder of the President Pro
Tempore's appointees shall be representative of any of the entities named in
subdivision (1) of this subsection.

(4) Of the members appointed by the Governor, two shall
serve initial terms of one year, two shall serve initial terms of two years,
and one shall serve an initial term of three years. Thereafter, the Governor's
appointees shall serve terms of four years.

(5) Of the nonlegislative members appointed by the
Speaker of the House of Representatives, two shall serve initial terms of two
years, and one shall serve an initial term of three years. Thereafter,
nonlegislative members appointed by the Speaker of the House of Representatives
shall serve terms of four years. Of the nonlegislative members appointed by the
President Pro Tempore of the Senate, two shall serve initial terms of two
years, and one shall serve an initial term of three years. Thereafter,
nonlegislative members appointed by the President Pro Tempore of the Senate
shall serve terms of four years. Legislative members of the Council shall serve
two-year terms.

(b) The Chairperson of the Council shall be elected by
the Council from among its membership.

(c) The majority of the Council shall constitute a quorum
for the transaction of business.

(d) Members of the Council shall receive per diem and
necessary travel and subsistence expenses in accordance with the provisions of
G.S. 138-5 or G.S. 138-6, or travel and subsistence expenses in accordance with
the provisions of G.S. 120-3.1, as applicable.

(e) All clerical support and other services required
by the Council shall be provided by the Department. (1991
(Reg. Sess., 1992), c. 900, s. 166; 1997-443, s. 11A.74.)

(a) The Advisory Committee on Cancer Coordination and
Control is established in the Department.

(b) The Committee shall have up to 34 members,
including the Secretary of the Department or the Secretary's designee. The
members of the Committee shall elect a chair and vice-chair from among the
Committee membership. The Committee shall meet not more than twice a year at
the call of the chair. Six of the members shall be legislators, three of whom
shall be appointed by the Speaker of the House of Representatives, and three of
whom shall be appointed by the President Pro Tempore of the Senate. Four of the
members shall be cancer survivors, two of whom shall be appointed by the
Speaker of the House of Representatives, and two of whom shall be appointed by
the President Pro Tempore of the Senate. The remainder of the members shall be
appointed by the Governor as follows:

(1) One member from the Department of Environmental
Quality;

(2) Three members, one from each of the following: the
Department, the Department of Public Instruction, and the North Carolina
Community College System;

(3) Four members representing the cancer control
programs at North Carolina medical schools, one from each of the following: the
University of North Carolina at Chapel Hill School of Medicine, the Bowman Gray
School of Medicine, the Duke University School of Medicine, and the East
Carolina University School of Medicine;

(4) One member who is an oncology nurse representing
the North Carolina Nurses Association;

(5) One member representing the Cancer Committee of the
North Carolina Medical Society;

(6) One member representing the Old North State Medical
Society;

(7) One member representing the American Cancer
Society, North Carolina Division, Inc.;

(8) One member representing the North Carolina Hospital
Association;

(9) One member representing the North Carolina
Association of Local Health Directors;

(10) One member who is a primary care physician licensed
to practice medicine in North Carolina;

(11) One member representing the American College of
Surgeons;

(12) One member representing the North Carolina Oncology
Society;

(13) One member representing the Association of North
Carolina Cancer Registrars;

(14) One member representing the Medical Directors of the
North Carolina Association of Health Plans; and

(15) Up to four additional members at large.

Except for the Secretary, the members shall be appointed for
staggered four-year terms and until their successors are appointed and qualify.
The Governor may remove any member of the Committee from office in accordance
with the provisions of G.S. 143B-13. Members may succeed themselves for one
term and may be appointed again after being off the Committee for one term.

(c) The Speaker of the House of Representatives, the
President Pro Tempore of the Senate, and the Governor shall make their
appointments to the Committee not later than 30 days after the adjournment of
the 1993 Regular Session of the General Assembly. A vacancy on the Committee
shall be filled by the original appointing authority, using the criteria set
out in this section for the original appointment.

(d) To the extent that funds are made available,
members of the Committee shall receive per diem and necessary travel and
subsistence expenses in accordance with G.S. 138-5.

(e) A majority of the Committee shall constitute a
quorum for the transaction of its business.

(f) The Committee may use funds allocated to it to
employ an administrative staff person to assist the Committee in carrying out
its duties. The Secretary shall provide clerical and other support staff
services needed by the Committee. (1993, c. 321, s.
288; 1997-443, s. 11A.75; 1998-212, s. 12.48(a); 2013-360, s. 12A.10; 2015-241,
s. 14.30(u).)

(a) The Advisory Committee on Cancer Coordination and
Control has the following responsibilities:

(1) To recommend to the Secretary a plan for the
statewide implementation of an interagency comprehensive coordinated cancer
control program;

(2) To identify and examine the limitations and
problems associated with existing laws, regulations, programs, and services
related to cancer control;

(3) To examine the financing and access to cancer
control services for North Carolina's citizens, and advise the Secretary on a
coordinated and efficient use of resources;

(4) To identify and review health promotion and disease
prevention strategies relating to the leading causes of cancer mortality and
morbidity;

(5) To recommend standards for:

a. Oversight and development of cancer control
services;

b. Development and maintenance of interagency training
and technical assistance in the provision of cancer control services;

c. Program monitoring and data collection;

d. Statewide evaluation of locally based cancer
control programs;

e. Coordination of funding sources for cancer control
programs; and

f. Procedures for awarding grants to local agencies
providing cancer control services.

(b) The Committee shall submit a written report not
later than May 1, 1994, and not later than October 1 of each subsequent year,
to the Secretary. The report shall address the progress in implementation of a
cancer control program. The report shall include an accounting of funds
expended and anticipated funding needs for full implementation of recommended
programs. (1993, c. 321, s. 288; 2013-360, s. 12A.9.)

(a) The Maternal Mortality Review Committee is
established in the Department. The purpose of the committee is to reduce
maternal mortality in this State by conducting multidisciplinary maternal death
reviews and developing recommendations for the prevention of future maternal
deaths.

(b) The Secretary shall appoint a multidisciplinary
committee comprised of nine members who represent several academic disciplines
and professional specializations essential to reviewing cases of mortality due
to complications from pregnancy or childbirth. Committee members shall serve
without compensation, but may receive travel reimbursement from funds available
to the Department.

(c) The duties of the committee shall include:

(1) Identifying maternal death cases.

(2) Reviewing medical records and other relevant data.

(3) Contacting family members and other affected or
involved persons to collect additional relevant data.

(4) Consulting with relevant experts to evaluate
relevant data.

(5) Making nonindividual determinations with no legal
meaning regarding the preventability of maternal deaths.

(d) Licensed health care providers, health care
facilities, and pharmacies shall provide reasonable access to the committee to
all relevant medical records associated with a case under review by the
committee. A health care provider, health care facility, or pharmacy providing
access to medical records pursuant to this Part shall not be held liable for
civil damages or be subject to any criminal or disciplinary action for good
faith efforts to provide such records.

(e) Except as provided in subsection (h) of this
section, information, records, reports, statements, notes, memoranda, or other
data collected pursuant to this Part shall not be admissible as evidence in any
action of any kind in any court or before any other tribunal, board, agency, or
person, nor shall they be exhibited nor their contents disclosed in any way, in
whole or in part, by any officer or representative of the Department or any
other person, except as may be necessary for the purpose of furthering the
committee's review of the case to which they relate. No person participating in
such review shall disclose, in any manner, the information so obtained except
in strict conformity with the review process.

(f) All information, records of interviews, written
reports, statements, memoranda, or other data obtained by the Department, the
committee, and other persons, agencies, or organizations so authorized by the
Department pursuant to this Part shall be confidential.

(g) All proceedings and activities of the committee
pursuant to this Part, opinions of committee members formed as a result of such
proceedings and activities, and records obtained, created, or maintained
pursuant to this Part, including records of interviews, written reports, and
statements procured by the Department or any other person, agency, or
organization acting jointly or under contract with the Department in connection
with the requirements of this Part, shall be confidential and shall not be
subject to statutes relating to open meetings and open records, or subject to
subpoena, discovery, or introduction into evidence in any civil or criminal
proceeding.

(h) Nothing in this Part shall be construed to limit
or restrict the right to discover or use in any civil or criminal proceeding
anything that is available from another source.

(i) Members of the committee shall not be questioned
in any civil or criminal proceeding regarding the information presented or
opinions formed as a result of a meeting or communication of the committee;
provided, however, that nothing in this Part shall be construed to prevent a
member of the committee from testifying to information obtained independently
of the committee or which is public information. (2015-62,
s. 6(a).)

(a) There is established the Advisory Council on Rare
Diseases within the School of Medicine of the University of North Carolina at
Chapel Hill to advise the Governor, the Secretary, and the General Assembly on
research, diagnosis, treatment, and education relating to rare diseases. For
purposes of this Part, "rare disease" has the same meaning as
provided in 21 U.S.C. § 360bb.

(b) Advisory Council Membership.

(1) Upon the recommendation of the Dean of the School
of Medicine of the University of North Carolina at Chapel Hill, the Secretary
shall appoint members to the advisory council as follows:

a. A physician licensed and practicing in this State
with experience researching, diagnosing, or treating rare diseases.

c. A registered nurse or advanced practice registered
nurse licensed and practicing in the State with experience treating rare
diseases.

d. One rare diseases survivor.

e. One member who represents a rare diseases
foundation.

f. One representative from each academic research
institution in this State that receives any grant funding for rare diseases
research.

(2) The chairs of the Joint Legislative Oversight
Committee on Health and Human Services, or the chairs' designees, shall serve
on the advisory council. A member of the advisory council who is designated by
the chairs of the Joint Legislative Oversight Committee on Health and Human
Services may be a member of the General Assembly.

(3) The Secretary, or the Secretary's designee, shall
serve as an ex officio, nonvoting member of the advisory council.

(c) Members appointed pursuant to subsection (b) of
this section shall serve for a term of three years, and no member shall serve
more than two consecutive terms.

(d) Members of the advisory council shall receive per
diem and necessary travel and subsistence expenses in accordance with the
provisions of G.S. 138-5 or G.S. 138-6 or travel and subsistence expenses in
accordance with the provisions of G.S. 120-3.1, as applicable.

(e) All administrative support and other services
required by the advisory council shall be provided by the School of Medicine of
the University of North Carolina at Chapel Hill.

(f) Upon the recommendation of the Dean of the School
of Medicine of the University of North Carolina at Chapel Hill, the Secretary
shall select the chair of the advisory council from among the members of the
council.

(g) The chair shall convene the first meeting of the
advisory council no later than October 1, 2015. A majority of the council
members shall constitute a quorum. A majority vote of a quorum shall be
required for any official action of the advisory council. Following the first
meeting, the advisory council shall meet upon the call of the chair or upon the
request of a majority of council members. (2015-199,
s. 1.)

(1) Advise on coordinating statewide efforts for the
study of the incidence of rare diseases within the State and the status of the
rare disease community.

(2) Report to the Secretary, the Governor, and the Joint
Legislative Oversight Committee on Health and Human Services on behalf of the
General Assembly not later than January 1, 2016, and annually thereafter, on
the activities of the advisory council and its findings and recommendations
regarding rare disease research and care in North Carolina, including any
recommendations for statutory changes and amendments to the structure,
organization, and powers or duties of the advisory council. (2015-199, s. 1.)

(a) The Local Health Department Accreditation Board is
established within the North Carolina Institute for Public Health. The Board
shall be composed of 17 members appointed by the Secretary of the Department of
Health and Human Services as follows:

(1) Four shall be county commissioners recommended by
the North Carolina Association of County Commissioners, and four shall be
members of a local board of health as recommended by the Association of North
Carolina Boards of Health.

(2) Three local health directors.

(3) Three staff members from the Division of Public
Health, Department of Health and Human Services.

(b) Members shall serve four-year terms except that
initial terms shall be staggered such that three members are appointed for one
year, four members are appointed for two years, four members are appointed for
three years, and six members are appointed for four years. An appointment to
fill a vacancy on the Board created by the resignation, dismissal,
ineligibility, death, or disability of any member shall be made for the balance
of the unexpired term. The Secretary may remove any member for misfeasance,
malfeasance, or nonfeasance. The chair shall be designated by the Secretary and
shall designate the times and places at which the Board shall meet. The Board
shall meet as often as necessary to carry out its duty to develop and review
periodically accreditation standards, to engage in activities necessary to assign
accreditation status to local health departments, and to engage in other
activities necessary to implement this section.

(c) Members of the Board who are not officers or
employees of the State shall receive reimbursement for travel and subsistence
expenses at the rates specified in G.S. 138-5. Members of the Board who are
officers or employees of the State shall receive reimbursement for travel and
subsistence at the rate set out in G.S. 138-6.

(d) The Board shall assign an accreditation status to
each local health department that applies for initial accreditation,
reaccreditation, or relief from conditional accreditation. The Board shall
assign the appropriate accreditation status, as follows:

(1) Accredited, which means that the local health
department has satisfied the accreditation standards adopted by the Board and
applicable rules adopted by the Commission.

(2) Conditionally accredited, which means that the
local health department has failed to meet one or more accreditation standards
and has therefore been granted short-term accreditation subject to conditions
specified by the Board.

(3) Unaccredited, which means that the local health
department has continued to fail to meet one or more accreditation standards
after a period of conditional accreditation.

(e) The Commission shall, after reviewing standards
developed by and consulting with the Board, adopt rules establishing
accreditation standards for local health departments. The accreditation
standards shall include at least all of the following:

(1) An accreditation process that consists of the
following components:

a. A self-assessment conducted by the local health
department seeking accreditation.

b. A site visit by a team of experts to clarify,
verify, and amplify the information in the self-assessment.

c. Final action by the Board on the local health
department's accreditation status.

(2) The local health department's capacity to provide
the essential public health services, as follows:

a. Monitoring health status to identify community
health problems.

b. Diagnosing and investigating health hazards in the
community.

c. Informing, educating, and empowering people about
health issues.

d. Mobilizing community partnerships to identify and
solve health problems.

e. Developing policies and plans that support
individual and community health efforts.

(4) The local health department's staff competencies
and training procedures or programs.

(5) The local health department's governance and fiscal
management; and

(6) Informal procedures for reviewing Board decisions.

(f) All local health departments shall obtain and
maintain accreditation in accordance with this section. The Board shall
implement accreditation over a period of eight years, beginning January 1,
2006. The Board shall establish a schedule specifying when each local health
department shall apply for initial accreditation and ensuring that all local
health departments have applied for initial accreditation by December 1, 2014.

(g) The Board shall assign the following accreditation
status, as applicable:

(1) "Accredited" to a local health department
that satisfies the accreditation standards. The initial period of accreditation
shall expire four calendar years after initial accreditation is granted.

(2) "Conditionally accredited" to a local
health department that, in its initial accreditation application, fails to
satisfy the accreditation standards. The period of conditional accreditation
shall expire two calendar years after conditional accreditation is granted. The
Board shall provide to the local health department a written statement of the
conditions that must be satisfied in order for the local health department to
be accredited. At any time during the two-year period, the local health
department may request that its status be reviewed and changed from
"conditionally accredited" to "accredited." If the Board
finds that the conditions have been met, the Board shall change the local
health department's status to "accredited" with the accreditation
period to expire four calendar years after the conditional accreditation was
initially granted. If the Board finds that the conditions have not been
satisfied, the local health department shall continue under its grant of
conditional accreditation. During the conditional accreditation period, the
local health department may apply again for accreditation in accordance with
rules adopted by the Commission.

(h) Each accredited local health department shall
apply for reaccreditation in accordance with rules adopted by the Commission.

(i) When the Board assigns the status
"unaccredited" to a local health department, the Board shall send
written notification of that status to the local health department and to the
Secretary.

(b) The Division of Public Health may require local
health departments, district health departments, and consolidated human
services agencies, regardless of how those entities choose to bill public
health program services to Medicaid, to submit aggregate data to the Division
of Public Health. These data shall be provided in a format specified by the
Division of Public Health.

(c) Local health departments, district health
departments, and consolidated human services agencies shall make available
encounter-level data for the Division of Public Health as necessary to comply
with federal grant reporting requirements. These data shall be provided in a
format specified by the Division of Public Health. However, local health
departments shall not be required to use Common Name Data System (CNDS) for any
purpose.

(d) Local health departments, district health
departments, and consolidated human services agencies that bill services
through a Medicaid clearinghouse shall be entitled to the same reimbursement
rates negotiated for agencies classified as public health entities and the same
Medicaid cost settlement reimbursement as those agencies that bill services
through HIS.

(e) The Division of Public Health shall provide
aggregate data requirements for the purposes of Medicaid cost study
reimbursement on behalf of the local health departments, district health
departments, and consolidated human services agencies that choose to bill
services through a Medicaid clearinghouse. Those local health departments,
district health departments, and consolidated human services agencies shall
submit to the Division of Public Health the data required for the purposes of
Medicaid cost study reimbursement and shall retain responsibility to supply the
Division of Medical Assistance and/or Centers for Medicare and Medicaid
Services (CMS) documentation to support audit processes and procedures to
confirm and validate cost study reimbursement data, as defined by CMS cost find
regulations.

(f) As used in this section, unless otherwise
specified, the following definitions apply:

(1) "Aggregate data" means high-level reports
about services provided by local health departments, district health
departments, and consolidated human services agencies, such as the number of
patients meeting particular criteria served by a health department or
consolidated human service agency or the count of and dollars received for each
particular service being performed by a health department or consolidated human
service agency, by funding source program and appropriate service code and that
comply with appropriate State and federal regulations.

(3) "Health Information System" or
"HIS" means the system operated by the North Carolina Division of
Public Health and used by local health departments to record information about
services the local health departments provide.

(4) "Public health program services" means
services normally provided by a local health department under agreements with
the North Carolina Division of Public Health or the North Carolina Division of
Medical Assistance. (2011-90, s. 1.)

§ 130A-34.3. Incentive program for public health
improvement.

(a) In order to promote efficiency and effectiveness
of the public health delivery system, the Department shall establish a Public
Health Improvement Incentive Program. The Program shall provide monetary
incentives for the creation and expansion of multicounty local health
departments serving a population of not less than 75,000.

(b) The criteria established in subsection (a) of this
section shall be in addition to any other funding criteria established by State
or federal law. (2012-126, s. 3; 2015-246, s.
2.5(a).)

§ 130A-35. County board of health; appointment; terms.

(a) A county board of health shall be the policy-making,
rule-making and adjudicatory body for a county health department.

(b) The members of a county board of health shall be
appointed by the county board of commissioners. The board shall be composed of
11 members. The composition of the board shall reasonably reflect the
population makeup of the county and shall include: one physician licensed to
practice medicine in this State, one licensed dentist, one licensed
optometrist, one licensed veterinarian, one registered nurse, one licensed
pharmacist, one county commissioner, one professional engineer, and three
representatives of the general public. Except as otherwise provided in this
section, all members shall be residents of the county. If there is not a
licensed physician, a licensed dentist, a licensed veterinarian, a registered
nurse, a licensed pharmacist, or a professional engineer available for
appointment, an additional representative of the general public shall be
appointed. If however, one of the designated professions has only one person
residing in the county, the county commissioners shall have the option of
appointing that person or a member of the general public. In the event a
licensed optometrist who is a resident of the county is not available for
appointment, then the county commissioners shall have the option of appointing
either a licensed optometrist who is a resident of another county or a member
of the general public.

(c) Except as provided in this subsection, members of
a county board of health shall serve three-year terms. No member may serve more
than three consecutive three-year terms unless the member is the only person
residing in the county who represents one of the professions designated in
subsection (b) of this section. The county commissioner member shall serve only
as long as the member is a county commissioner. When a representative of the
general public is appointed due to the unavailability of a licensed physician,
a licensed dentist, a resident licensed optometrist or a nonresident licensed
optometrist as authorized by subsection (b) of this section, a licensed
veterinarian, a registered nurse, a licensed pharmacist, or a professional
engineer, that member shall serve only until a licensed physician, a licensed
dentist, a licensed resident or nonresident optometrist, a licensed
veterinarian, a registered nurse, a licensed pharmacist, or a professional
engineer becomes available for appointment. In order to establish a uniform
staggered term structure for the board, a member may be appointed for less than
a three-year term.

(d) Vacancies shall be filled for any unexpired portion
of a term.

(e) A chairperson shall be elected annually by a
county board of health. The local health director shall serve as secretary to
the board.

(f) A majority of the members shall constitute a
quorum.

(g) A member may be removed from office by the county
board of commissioners for:

(1) Commission of a felony or other crime involving
moral turpitude;

(2) Violation of a State law governing conflict of
interest;

(3) Violation of a written policy adopted by the county
board of commissioners;

(4) Habitual failure to attend meetings;

(5) Conduct that tends to bring the office into
disrepute; or

(6) Failure to maintain qualifications for appointment
required under subsection (b) of this section.

A board member may be removed only after the member has been
given written notice of the basis for removal and has had the opportunity to
respond.

(h) A member may receive a per diem in an amount
established by the county board of commissioners. Reimbursement for subsistence
and travel shall be in accordance with a policy set by the county board of
commissioners.

(a) A district health department including more than
one county may be formed in lieu of county health departments upon agreement of
the county boards of commissioners and local boards of health having
jurisdiction over each of the counties involved. A county may join a district
health department upon agreement of the boards of commissioners and local
boards of health having jurisdiction over each of the counties involved. A
district health department shall be a public authority as defined in G.S. 159-7(b)(10).

(a) A district board of health shall be the policy-making,
rule-making and adjudicatory body for a district health department and shall be
composed of 15 members; provided, a district board of health may be increased
up to a maximum number of 18 members by agreement of the boards of county
commissioners in all counties that comprise the district. The agreement shall
be evidenced by concurrent resolutions adopted by the affected boards of county
commissioners.

(b) The county board of commissioners of each county
in the district shall appoint one county commissioner to the district board of
health. The county commissioner members of the district board of health shall
appoint the other members of the board, including at least one physician
licensed to practice medicine in this State, one licensed dentist, one licensed
optometrist, one licensed veterinarian, one registered nurse, one licensed
pharmacist, and one professional engineer. The composition of the board shall
reasonably reflect the population makeup of the entire district and provide
equitable district-wide representation. All members shall be residents of the
district. If there is not a licensed physician, a licensed dentist, a licensed
optometrist, a licensed veterinarian, a registered nurse, a licensed
pharmacist, or a professional engineer available for appointment, an additional
representative of the general public shall be appointed. If however, one of the
designated professions has only one person residing in the district, the county
commissioner members shall have the option of appointing that person or a
member of the general public.

(c) Except as provided in this subsection, members of
a district board of health shall serve terms of three years. Two of the
original members shall serve terms of one year and two of the original members
shall serve terms of two years. No member shall serve more than three consecutive
three-year terms unless the member is the only person residing in the district
who represents one of the professions designated in subsection (b) of this
section. County commissioner members shall serve only as long as the member is
a county commissioner. When a representative of the general public is appointed
due to the unavailability of a licensed physician, a licensed dentist, a
licensed optometrist, a licensed veterinarian, a registered nurse, a licensed
pharmacist, or a professional engineer that member shall serve only until a
licensed physician, a licensed dentist, a licensed optometrist, a licensed
veterinarian, a registered nurse, a licensed pharmacist, or a professional
engineer becomes available for appointment. The county commissioner members may
appoint a member for less than a three-year term to achieve a staggered term
structure.

(d) Whenever a county shall join or withdraw from an
existing district health department, the district board of health shall be
dissolved and a new board shall be appointed as provided in subsection (c).

(e) Vacancies shall be filled for any unexpired
portion of a term.

(f) A chairperson shall be elected annually by a
district board of health. The local health director shall serve as secretary to
the board.

(g) A majority of the members shall constitute a
quorum.

(h) A member may be removed from office by the
district board of health for:

(1) Commission of a felony or other crime involving
moral turpitude;

(2) Violation of a State law governing conflict of interest;

(3) Violation of a written policy adopted by the county
board of commissioners of each county in the district;

(4) Habitual failure to attend meetings;

(5) Conduct that tends to bring the office into
disrepute; or

(6) Failure to maintain qualifications for appointment
required under subsection (b) of this section.

A board member may be removed only after the member has been
given written notice of the basis for removal and has had the opportunity to
respond.

(i) A member may receive a per diem in an amount
established by the county commissioner members of the district board of health.
Reimbursement for subsistence and travel shall be in accordance with a policy
set by the county commissioner members of the district board of health.

(j) The board shall meet at least quarterly. The
chairperson or three of the members may call a special meeting.

(k) A district board of health is authorized to
provide liability insurance for the members of the board and the employees of
the district health department. A district board of health is also authorized
to contract for the services of an attorney to represent the board, the
district health department and its employees, as appropriate. The purchase of
liability insurance pursuant to this subsection waives both the district board
of health's and the district health department's governmental immunity, to the
extent of insurance coverage, for any act or omission occurring in the exercise
of a governmental function. By entering into a liability insurance contract
with the district board of health, an insurer waives any defense based upon the
governmental immunity of the district board of health or the district health
department. (1957, c. 1357, s. 1; 1969, c. 719, s. 2;
1971, c. 175, s. 2; c. 940, s. 1; 1973, c. 143, ss. 1-4; c. 476, s. 128; 1975,
c. 396, s. 1; 1981, cc. 104, 238, 408; 1983, c. 891, s. 2; 1983 (Reg. Sess.,
1984), c. 1077; 1985, c. 418, s. 2; 1987, c. 84, s. 2; 1989, c. 764, s. 3;
1995, c. 264, s. 2.)

§ 130A-38. Dissolution of a district health department.

(a) Whenever the board of commissioners of each county
constituting a district health department determines that the district health
department is not operating in the best health interests of the respective
counties, they may direct that the district health department be dissolved. In
addition, whenever a board of commissioners of a county which is a member of a
district health department determines that the district health department is
not operating in the best health interests of that county, it may withdraw from
the district health department. Dissolution of a district health department or
withdrawal from the district health department by a county shall be effective
only at the end of the fiscal year in which the action of dissolution or withdrawal
transpired.

(b) Notwithstanding the provisions of subsection (a),
no district health department shall be dissolved without prior written
notification to the Department.

(c) Any budgetary surplus available to a district
health department at the time of its dissolution shall be distributed to those
counties comprising the district on the same pro rata basis that the counties
appropriated and contributed funds to the district health department budget
during the current fiscal year. Distribution to the counties shall be
determined on the basis of an audit of the financial record of the district
health department. The district board of health shall select a certified public
accountant or an accountant who is subsequently certified by the Local
Government Commission to conduct the audit. The audit shall be performed in
accordance with G.S. 159-34. The same method of distribution of funds described
above shall apply when one or more counties of a district health department
withdraw from a district.

(d) Upon dissolution or withdrawal, all rules adopted
by a district board of health shall continue in effect until amended or
repealed by the new board or boards of health. (1971,
c. 858; 1975, c. 396, s. 2; c. 403; 1983, c. 891, s. 2.)

§ 130A-39. Powers and duties of a local board of health.

(a) A local board of health shall have the
responsibility to protect and promote the public health. The board shall have
the authority to adopt rules necessary for that purpose.

(b) A local board of health may adopt a more stringent
rule in an area regulated by the Commission for Public Health or the
Environmental Management Commission where, in the opinion of the local board of
health, a more stringent rule is required to protect the public health;
otherwise, the rules of the Commission for Public Health or the rules of the
Environmental Management Commission shall prevail over local board of health
rules. However, a local board of health may not adopt a rule concerning the
grading, operating, and permitting of food and lodging facilities as listed in
Part 6 of Article 8 of this Chapter and as defined in G.S. 130A-247(1), and a
local board of health may adopt rules concerning wastewater collection,
treatment and disposal systems which are not designed to discharge effluent to
the land surface or surface waters only in accordance with G.S. 130A-335(c).

(c) The rules of a local board of health shall apply
to all municipalities within the local board's jurisdiction.

(d) Not less than 10 days before the adoption,
amendment or repeal of any local board of health rule, the proposed rule shall
be made available at the office of each county clerk within the board's
jurisdiction, and a notice shall be published in a newspaper having general
circulation within the area of the board's jurisdiction. The notice shall
contain a statement of the substance of the proposed rule or a description of
the subjects and issues involved, the proposed effective date of the rule and a
statement that copies of the proposed rule are available at the local health
department. A local board of health rule shall become effective upon adoption
unless a later effective date is specified in the rule.

(e) Copies of all rules shall be filed with the
secretary of the local board of health.

(f) A local board of health may, in its rules, adopt
by reference any code, standard, rule or regulation which has been adopted by
any agency of this State, another state, any agency of the United States or by
a generally recognized association. Copies of any material adopted by reference
shall be filed with the rules.

(g) A local board of health may impose a fee for
services to be rendered by a local health department, except where the
imposition of a fee is prohibited by statute or where an employee of the local
health department is performing the services as an agent of the State.
Notwithstanding any other provisions of law, a local board of health may impose
cost-related fees for services performed pursuant to Article 11 of this
Chapter, "Wastewater Systems," for services performed pursuant to
Part 10, Article 8 of this Chapter, "Public Swimming Pools", for
services performed pursuant to Part 11, Article 8 of this Chapter,
"Tattooing", and for services performed pursuant to G.S. 87-97. Fees
shall be based upon a plan recommended by the local health director and
approved by the local board of health and the appropriate county board or
boards of commissioners. The fees collected under the authority of this
subsection are to be deposited to the account of the local health department so
that they may be expended for public health purposes in accordance with the
provisions of the Local Government Budget and Fiscal Control Act. (1901, c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S.,
s. 7065; 1957, c. 1357, s. 1; 1959, c. 1024, s. 1; 1963, c. 1087; 1973, c. 476,
s. 128; c. 508; 1977, c. 857, s. 2; 1981, c. 130, s. 2; c. 281; c. 949, s. 4;
1983, c. 891, s. 2; 1985, c. 175, s. 1; 1989, c. 577, s. 2; 1991 (Reg. Sess.,
1992), c. 944, s. 10; 1993 (Reg. Sess., 1994), c. 670, s. 2; 1995, c. 507, s.
26.8(c); 2006-202, s. 6; 2007-182, s. 2.)

§ 130A-40. Appointment of local health director.

(a) A local board of health, after consulting with the
appropriate county board or boards of commissioners, shall appoint a local
health director. All persons who are appointed to the position of local health
director on or after January 1, 1992, must possess minimum education and
experience requirements for that position, as follows:

(1) A medical doctorate; or

(2) A masters degree in Public Health Administration,
and at least one year of employment experience in health programs or health
services; or

(3) A masters degree in a public health discipline
other than public health administration, and at least three years of employment
experience in health programs or health services; or

(4) A masters degree in public administration, and at
least two years of experience in health programs or health services; or

(5) A masters degree in a field related to public
health, and at least three years of experience in health programs or health
services; or

(6) A bachelors degree in public health administration
or public administration and at least three years of experience in health
programs or health services.

(b) Before appointing a person to the position of
local health director under subsection (a)(5) of this section, the local board
of health shall forward the application and other pertinent materials of such
candidate to the State Health Director. If the State Health Director
determines that the candidate's masters degree is in a field not related to
public health, the State Health Director shall so notify the local board of
health in writing within 15 days of the State Health Director's receipt of the
application and materials, and such candidate shall be deemed not to meet the
education requirements of subsection (a)(5) of this section. If the State
Health Director fails to act upon the application within 15 days of receipt of
the application and materials from the local board of health, the application
shall be deemed approved with respect to the education requirements of
subsection (a)(5) of this section, and the local board of health may proceed
with appointment process.

(c) The State Health Director shall review requests of
educational institutions to determine whether a particular masters degree
offered by the requesting institution is related to public health for the
purposes of subsection (a)(5) of this section. The State Health Director shall
act upon such requests within 90 days of receipt of the request and pertinent
materials from the institution, and shall notify the institution of its
determination in writing within the 90-day review period. If the State Health
Director determines that an institution's particular masters degree is not
related to public health, the State Health Director shall include the reasons
therefor in his written determination to the institution.

(d) When a local board of health fails to appoint a
local health director within 60 days of the creation of a vacancy, the State
Health Director may appoint a local health director to serve until the local
board of health appoints a local health director in accordance with this
section. (1957, c. 1357, s. 1; 1973, c. 152; c. 476,
s. 128; 1983, c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 1034, s. 75; 1991, c.
612.)

§ 130A-40.1. Pilot program for nurse as health director.

(a) Notwithstanding G.S. 130A-40, a local board of
health, after consulting with the appropriate county board of commissioners,
and with the approval of the Secretary of Health and Human Services, may
appoint a local health director who meets the following education and
experience requirements for that position:

(1) Graduation from a four-year college or university
with a Bachelor of Science in Nursing degree that includes a public health
nursing rotation; or

(2) A candidate with an RN but not a bachelors degree
if the candidate has at least 10 years' experience, at least seven years of
which must be in an administrative or supervisory role, and of this seven
years, at least five years must be at the agency at which the candidate is an
applicant for employment as local health director.

(b) The Secretary of Health and Human Services may
approve only one request under subsection (a) of this section, this section
being designed as a pilot program concerning alternative qualifications for a
local health director. The Secretary of Health and Human Services shall report
any approval under this section to the Joint Legislative Oversight Committee on
Health and Human Services.

(c) All bachelors level candidates appointed under
this section shall have a total of 10 years' public health experience, at least
five years of which must be in a supervisory capacity at the agency at which the
candidate is an applicant for employment as a local health director. Bachelor
of Science in Nursing candidates with a public health rotation may use this BSN
degree as credit for one year's public health experience.

(d) In addition to possessing the qualifications
required in this section, all Bachelor of Science, Bachelor of Arts, or
Registered Nurse candidates must complete at least six contact hours of
continuing education annually on the subject of local and State government
finance, organization, or budgeting. The training must be in a formal setting
offered through the State or local government or through an accredited
educational institution. This training is in addition to any other required
training for local health director or other continuing education required to
maintain other professional credentials. If during the course of employment as
local health director the employee meets the requirements of this subsection,
the additional training requirements of this section are waived. (2003-284, s. 10.33C; 2011-266, s. 1.16(b); 2011-291, s.
2.46; 2012-194, s. 27.)

§ 130A-41. Powers and duties of local health director.

(a) A local health director shall be the
administrative head of the local health department, shall perform public health
duties prescribed by and under the supervision of the local board of health and
the Department and shall be employed full time in the field of public health.

(b) A local health director shall have the following
powers and duties:

(1) To administer programs as directed by the local
board of health;

(2) To enforce the rules of the local board of health;

(3) To investigate the causes of infectious,
communicable and other diseases;

(5) To disseminate public health information and to
promote the benefits of good health;

(6) To advise local officials concerning public health
matters;

(7) To enforce the immunization requirements of Part 2
of Article 6 of this Chapter;

(8) To examine and investigate cases of venereal
disease pursuant to Parts 3 and 4 of Article 6 of this Chapter;

(9) To examine and investigate cases of tuberculosis
pursuant to Part 5 of Article 6 of this Chapter;

(10) To examine, investigate and control rabies pursuant
to Part 6 of Article 6 of this Chapter;

(11) To abate public health nuisances and imminent
hazards pursuant to G.S. 130A-19 and G.S. 130A-20;

(12) To employ and dismiss employees of the local health
department in accordance with Chapter 126 of the General Statutes;

(13) To enter contracts, in accordance with The Local
Government Finance Act, G.S. Chapter 159, on behalf of the local health
department. Nothing in this paragraph shall be construed to abrogate the
authority of the board of county commissioners.

Employee personnel records of a district health department
shall have the same protections from disclosure as county employee personnel
records under G.S. 153A-98. For the purposes of this section, the local health
director shall perform the duties assigned to the county manager pursuant to
G.S. 153A-98 and the district board of health shall perform the duties assigned
to the county board of commissioners pursuant to G.S. 153A-98. (1983, c. 891, s. 2.)

Part 1A. Consolidated Human Services Agency.

§ 130A-43. Consolidated human services agency; board;
director.

(a) Except as otherwise provided by this section and
subject to any limitations that may be imposed by the board of county
commissioners under G.S. 153A-77, a consolidated human services agency created
pursuant to G.S. 153A-77 shall have the responsibility to carry out the duties
of a local health department and the authority to administer the local public
health programs established in this Chapter in the same manner as a local
health department.

(b) In addition to the powers conferred by G.S. 153A-77(d),
a consolidated human services board shall have all the powers and duties of a
local board of health as provided by G.S. 130A-39, except that the consolidated
human services board may not:

(1) Appoint the human services director.

(2) Transmit or present the budget for local health
programs.

(c) In addition to the powers conferred by G.S. 153A-77(e),
a human services director shall have all the powers and duties of a local
health director provided by G.S. 130A-41, except that the human services
director may:

(1) Serve as the executive officer of the consolidated
human services agency only to the extent and in the manner authorized by the
county manager.

(2) Appoint staff of the consolidated human services
agency only upon the approval of the county manager. (1995
(Reg. Sess., 1996), c. 690, s. 14.)

§ 130A-44. Reserved for future codification purposes.

Part 1B. Public Health Authorities Authorized.

§ 130A-45. Title and purpose.

(a) This Part shall be known and may be cited as the
"Public Health Authorities Act".

(b) The purpose of this Part is to provide an
alternative method for counties to provide public health services. This Part
shall not be regarded as repealing any powers now existing under any other law,
either general, special, or local.

(c) It is the policy of the General Assembly that
Public Health Authorities should have adequate authority to exercise the
powers, rights, duties, functions, privileges, and immunities conferred upon
them by law. (1997-502, s. 1.)

§ 130A-45.01. Definitions.

As used in this Part, unless otherwise specified:

(1) "Authority service area" means the area
within the boundaries of the authority as provided for in G.S. 130A-45.4.

(2) "Board" means a public health authority
board created under this Part.

(3) "County" means the county which is, or is
about to be, included in the territorial boundaries of a public health
authority when created hereunder.

(6) "Federal government" means the United
States of America, or any agency, instrumentality, corporate or otherwise, of
the United States of America.

(7) "Government" means the State and federal
governments and any subdivision, agency, or instrumentality, corporate or
otherwise, of either of them.

(8) "Public health authority" means a public
body and a body corporate and politic organized under the provisions of this
Part.

(9) "Public health facility" means any one or
more buildings, structures, additions, extensions, improvements, or other
facilities, whether or not located on the same site or sites, machinery,
equipment, furnishings or other real or personal property suitable for
providing public health services; and includes, without limitation, local
public health departments or centers; public health clinics and outpatient
facilities; nursing homes, including skilled nursing facilities and
intermediate care facilities, adult care homes for the aged and disabled;
public health laboratories; administration buildings, central service and other
administrative facilities; communication, computer and other electronic
facilities; pharmaceutical facilities; storage space; vehicular parking lots
and other such public health facilities, customarily under the jurisdiction of
or provided by public health departments, or any combination of the foregoing,
with all necessary, convenient or related interests in land, machinery,
apparatus, appliances, equipment, furnishings, appurtenances, site preparation,
landscaping, and physical amenities.

(10) "Real property" means lands, lands under
water, structures, and any and all easements, franchises and incorporeal
hereditaments and every estate and right therein, legal and equitable,
including terms for years and liens by way of judgment, mortgage or otherwise.

(11) "State" means the State of North Carolina.
(1997-502, s. 1.)

§ 130A-45.02. Creation of a public health authority.

(a) A public health authority may be created upon
joint resolution of the county board of commissioners and the local board of
health that it is in the interest of the public health and welfare to create a
public health authority to provide public health services as required under
G.S. 130A-34.

(b) A public health authority including more than one
county may be formed upon joint resolution of the county boards of
commissioners and local boards of health having jurisdiction over each of the
counties involved.

(c) After the adoption of a resolution creating a
public health authority, a public health authority board shall be appointed in
accordance with G.S. 130A-45.1.

(d) A county may join a public health authority upon
joint resolution of the boards of commissioners and local boards of health
having jurisdiction over each of the counties involved.

(e) A public health authority board shall govern the
public health authority. All powers, duties, functions, rights, privileges, or
immunities conferred on the public health authority may be exercised by the authority
board.

(f) The public health authority board shall absorb the
functions, assets, and liabilities of the county or district boards of health,
and that board is dissolved.

(g) For the purpose of Chapter 159 of the General
Statutes, a public health authority is a public authority as defined in G.S.
159-7(b)(10).

(h) Before adopting a resolution creating a public
health authority, the county board of commissioners shall hold a public hearing
with notice published at least 10 days before the hearing.

(i) For the purposes of Article 9 of Chapter 131E of
the General Statutes, a public health authority is a person as defined in G.S.
131E-176(19). (1997-502, s. 1; 2001-92, s. 3.)

§ 130A-45.1. Membership of the public health authority
board.

(a) A public health authority board shall be the
policy-making, rule-making, and adjudicatory body for a public health authority
and shall be composed of no fewer than seven members and no more than nine
members; except that in an authority comprising two or more counties, the board
shall be composed of no more than 11 members. Boards which intend to pursue
federally qualified health center (or look-alike) status may have no fewer than
nine and no more than 25 members.

(b) In a single county authority, the county board of
commissioners shall appoint the members of the board; in an authority
comprising two or more counties, the chair of the county board of commissioners
of each county in the authority shall appoint one county commissioner, or the
commissioner's express designee, to the authority board and these members shall
jointly appoint the other members of the board.

(c) The members of the board shall include:

(1) At least one physician licensed under Chapter 90 of
the General Statutes to practice medicine in this State, and at least one
dentist licensed under Article 2 of Chapter 90 of the General Statutes to
practice dentistry in this State;

(2) At least one county commissioner or the
commissioner's express designee from each county in the authority;

(3) At least two licensed or registered professionals
from any of the following professions: optometry, veterinary science, nursing,
pharmacy, engineering, or accounting;

(4) At least one member from the administrative staff
of a hospital serving the authority service area; and

(5) At least one member from the general public.

(d) Except as provided in this subsection, members of
the board shall serve terms of three years. In order to establish a uniform
staggered term structure for the Board, a member may be appointed for less than
a three-year term.

(e) Any member who is a county commissioner serves on
the board in an ex officio capacity.

(f) Whenever a county shall join or withdraw from an
existing public health authority, the board shall be dissolved and a new board
shall be appointed as provided in subsection (b) of this section.

(g) Vacancies shall be filled within 120 days for any
unexpired portion of a term.

(h) A chair shall be elected annually by a board. The
authority director shall serve as secretary to the board.

(i) A majority of the members shall constitute a
quorum.

(j) A member may be removed from office by the board
for any of the following:

(1) Commission of a felony or other crime involving
moral turpitude.

(2) Violation of a State law governing conflict of
interest.

(3) Violation of a written policy adopted by the county
board of commissioners of each county in the authority.

(4) Habitual failure to attend meetings.

(5) Conduct that tends to bring the office into
disrepute.

(6) Failure to maintain qualifications for appointment
required under subsection (c) of this section.

A board member may be removed only after the member has been
given written notice of the basis for removal and has had the opportunity to
respond.

(k) Board members may receive per diem in an amount
established by the county commissioner members of the Public Health Authority
Board. Reimbursement for subsistence and travel shall be in accordance with a
policy set by the county commissioner members of the Public Health Authority
Board.

(l) The board shall meet at least quarterly. The
chair or three of the members may call a special meeting. (1997-502, s. 1; 2005-459, s. 2; 2007-229, s. 1.)

§ 130A-45.2. Dissolution of a public health authority.

(a) Whenever the board of commissioners of each county
constituting a public health authority determines that the authority is not
operating in the best health interests of the authority service area, they may
direct that the authority be dissolved. In addition, whenever a board of commissioners
of a county which is a member of an authority determines that the authority is
not operating in the best health interests of that county, it may withdraw from
the authority. Dissolution of an authority or withdrawal from the authority by
a county shall be effective only at the end of the fiscal year in which the
action of dissolution or withdrawal transpired.

(b) Notwithstanding the provisions of subsection (a)
of this section, no public health authority shall be dissolved without prior
written notification to the Department.

(c) Any budgetary surplus available to a public health
authority at the time of its dissolution shall be distributed to those counties
comprising the authority on the same pro rata basis that the counties
appropriated and contributed funds to the authority's budget during the current
fiscal year. Distribution to the counties shall be determined on the basis of
an audit of the financial record of the authority. The public health authority
board shall select a certified public accountant or an accountant who is
subsequently certified by the Local Government Commission to conduct the audit.
The audit shall be performed in accordance with G.S. 159-34. The same method of
distribution of funds described above shall apply when one or more counties of
an authority withdraw from the authority.

(d) Upon dissolution or withdrawal, all rules adopted
by the board continue in effect until amended or repealed by the new authority
board or boards of health. (1997-502, s. 1.)

§ 130A-45.3. Powers and duties of authority board.

(a) A public health authority shall have all the
powers necessary or convenient to carry out the purposes of this Part,
including the following powers to:

(1) Protect and promote the public health. The board
shall have the authority to adopt rules necessary for that purpose.

(2) Construct, equip, operate, and maintain public
health facilities.

(3) Use property owned or controlled by the authority.

(4) Acquire real or personal property, including
existing public health facilities, by purchase, grant, gift, devise, lease or,
with the permission of the county commissioners, condemnation.

(5) Establish a fee schedule for services received from
public health facilities and make services available regardless of ability to
pay.

(6) Appoint a public health authority director to serve
at the pleasure of the authority board.

(7) Establish a salary plan which shall set the
salaries for employees of the area authority.

(8) To adopt and enforce a professional reimbursement
policy which may include the following provisions: (i) require that fees for
the provision of services received directly under the supervision of the public
health authority shall be paid to the authority, (ii) prohibit employees of the
public health authority from providing services on a private basis which
require the use of the resources and facilities of the public health authority,
and (iii) provide that employees may not accept dual compensation and dual
employment unless they have the written permission of the public health
authority director.

(9) Delegate to its agents or employees any powers or
duties as it may deem appropriate.

(10) Employ its own counsel and legal staff.

(11) Adopt, amend, and repeal bylaws for the conduct of
its business.

(12) Enter into contracts for necessary supplies,
equipment, or services for the operation of its business.

(13) Act as an agent for the federal, State, or local
government in connection with the acquisition, construction, operation, or
management of a public health facility, or any part thereof.

(14) Insure the property or the operations of the
authority against risks as the authority may deem advisable.

(15) Sue and be sued.

(16) Accept donations or money, personal property, or
real estate for the benefit of the authority and to take title to the same from
any person, firm, corporation, or society.

(17) Appoint advisory boards, committees, and councils
composed of qualified and interested residents of the authority service area to
study, interpret, and advise the public health authority board.

(18) To purchase or finance real or personal property in
the manner provided for cities and counties under G.S. 160A-20.

(b) A public health authority shall have the power to
establish and operate health care networks and may contract with or enter into
any arrangement with other public health authorities or local health
departments of this or other states, federal, or other public agencies, or with
any person, private organization, or nonprofit corporation or association for the
provision of public health services, including managed health care activities;
provided, however, that for the purposes of this subsection only, a public
health authority shall be permitted to and shall comply with the requirements
of Article 67 of Chapter 58 of the General Statutes to the extent that such
requirements apply to the activities undertaken by the public health authority
pursuant to this subsection. The public health authority may pay for or
contribute its share of the cost of any such contract or arrangement from
revenues available for these purposes, including revenues arising from the
provision of public health services.

(c) A public health authority may lease any public
health facility, or part, to a nonprofit association on terms and conditions
consistent with the purposes of this Part. The authority will determine the
length of the lease. No lease executed under this subsection shall be deemed to
convey a freehold interest.

(d) A public health authority shall neither sell nor
convey any rights of ownership the county has in any public health facility,
including the buildings, land, and equipment associated with the facility, to
any corporation or other business entity operated for profit, except that
nothing herein shall prohibit the sale of surplus buildings, surplus land, or
surplus equipment by an authority to any corporation or other business entity
operated for profit. For purposes of this subsection, "surplus" means
any building, land, or equipment which is not required for use in the delivery
of public health care services by a public health facility at the time of the
sale or conveyance of ownership rights.

(e) A public health authority may lease any public
health facility, or part, to any corporation, foreign or domestic, authorized to
do business in North Carolina on terms and conditions consistent with the
purposes of this Part and with G.S. 160A-272.

(f) A public health authority may exercise any or all
of the powers conferred upon it by this Part, either generally or with respect to
any specific public health facility or facilities, through or by designated
agents, including any corporation or corporations which are or shall be formed
under the laws of this State.

(g) An authority may contract to insure itself and any
of its board members, agents, or employees against liability for wrongful death
or negligent or intentional damage to person or property or against absolute
liability for damage to person or property caused by an act or omission of the
authority or of any of its board members, agents, or employees when acting
within the scope of their authority and the course of their employment. The
board shall determine what liabilities and what members, agents, and employees
shall be covered by any insurance purchased pursuant to this subsection.

Purchase of insurance pursuant to this subsection waives the
authority's governmental immunity, to the extent of insurance coverage, for any
act or omission occurring in the exercise of a governmental function.
Participation in a local government risk pool pursuant to Article 23 of Chapter
58 of the General Statutes shall be deemed to be the purchase of insurance for
the purposes of this section. By entering into an insurance contract with the
authority, an insurer waives any defense based upon the governmental immunity
of the authority.

(h) If an authority has waived its governmental
immunity pursuant to subsection (g) of this section, any person, or in the
event of death, their personal representative, sustaining damages as a result
of an act or omission of the authority or any of its board members, agents, or
employees, occurring in the exercise of a governmental function, may sue the
authority for recovery of damages. To the extent of the coverage of insurance
purchased pursuant to subsection (g) of this section, governmental immunity may
not be a defense to the action. Otherwise, however, the authority has all
defenses available to private litigants in any action brought pursuant to this
section without restriction, limitation, or other effect, whether the defense
arises from common law or by virtue of a statute.

Despite the purchase of insurance as authorized by subsection
(g) of this section, the liability of an authority for acts or omissions
occurring in the exercise of governmental functions does not attach unless the
plaintiff waives the right to have all issues of law or fact relating to
insurance in the action determined by a jury. The judge shall hear and
determine these issues without resort to a jury, and the jury shall be absent
during any motion, argument, testimony, or announcement of findings of fact or
conclusions of law relating to these issues unless the defendant requests a
jury trial on them. (1997-502, s. 1; 2007-229, s. 2.)

§ 130A-45.4. Appointment of a public health authority
director.

(a) A public health authority board, after consulting
with the appropriate county board or boards of commissioners, shall appoint a
public health authority director.

(b) All persons who are appointed to the position of
public health authority director must possess minimum education and experience
requirements for that position, as follows:

(1) A medical doctorate; or

(2) A masters degree in Public Health Administration,
and at least one year of employment experience in health programs or health
services; or

(3) A masters degree in a public health discipline
other than public health administration, and at least three years of employment
experience in health programs or health services; or

(4) A masters degree in public administration, and at
least two years of experience in health programs or health services; or

(5) A masters degree in a field related to public
health, and at least three years of experience in health programs or health
services; or

(6) A bachelors degree in public health administration
or public administration and at least three years of experience in health
programs or health services.

(c) Before appointing a person to the position of
public health authority director under subdivision (a)(5) of this section, the
authority board shall forward the application and other pertinent materials of
such candidate to the State Health Director. If the State Health Director
determines that the candidate's masters degree is in a field not related to
public health, the State Health Director shall so notify the authority board in
writing within 15 days of the State Health Director's receipt of the
application and materials, and such candidate shall be deemed not to meet the
education requirements of subdivision (a)(5) of this section. If the State
Health Director fails to act upon the application within 15 days of receipt of
the application and materials from the authority board, the application shall
be deemed approved with respect to the education requirements of subdivision
(a)(5) of this section, and the authority board may proceed with the
appointment process.

(d) The State Health Director shall review requests of
educational institutions to determine whether a particular masters degree
offered by the requesting institution is related to public health for the
purposes of subdivision (a)(5) of this section. The State Health Director shall
act upon such requests within 90 days of receipt of the request and pertinent
materials from the institution, and shall notify the institution of its
determination in writing within the 90-day review period. If the State Health
Director determines that an institution's particular masters degree is not
related to public health, the State Health Director shall include the reasons
therefor in his written determination to the institution.

(e) When an authority board fails to appoint a public
health authority director within 60 days of the creation of a vacancy, the
State Health Director may appoint an authority director to serve until the
authority board appoints an authority director in accordance with this section.
(1997-502, s. 1.)

§ 130A-45.5. Powers and duties of a public health authority
director.

(a) The public health authority director is an
employee of the authority board and shall serve at the pleasure of the
authority board.

(b) An authority health director shall perform public
health duties prescribed by and under the supervision of the public health
authority board and the Department and shall be employed full time in the field
of public health.

(c) An authority health director shall have the following
powers and duties:

(1) To administer programs as directed by the public
health authority board;

(2) To enforce the rules of the public health authority
board;

(3) To investigate the causes of infectious,
communicable, and other diseases;

(5) To disseminate public health information and to
promote the benefits of good health;

(6) To advise local officials concerning public health
matters;

(7) To enforce the immunization requirements of Part 2
of Article 7 of this Chapter;

(8) To examine and investigate cases of venereal
disease pursuant to Parts 3 and 4 of Article 6 of this Chapter;

(9) To examine and investigate cases of tuberculosis
pursuant to Part 5 of Article 6 of this Chapter;

(10) To examine, investigate, and control rabies pursuant
to Part 6 of Article 6 of this Chapter;

(11) To abate public health nuisances and imminent
hazards pursuant to G.S. 130A-19 and G.S. 130A-20; and

(12) To employ, discipline, and dismiss employees of the
public health authority.

(d) Authority conferred upon a public health authority
director may be exercised only within the county or counties comprising the
public health authority. (1997-502, s. 1.)

§ 130A-45.6. Boundaries of the authority.

A public health authority may provide or contract to provide
public health services and to acquire, construct, establish, enlarge, improve,
maintain, own, or operate, and contract for the operation of any public health
facilities outside the territorial limits, within reasonable limitation, of the
county or counties creating the authority, but in no case shall a public health
authority be held liable for damages to those outside the territorial limits of
the county or counties creating the authority for failure to provide any public
health service. (1997-502, s. 1.)

§ 130A-45.7. Medical review committee.

(a) A member of a duly appointed medical review
committee who acts without malice or fraud shall not be subject to liability
for damages in any civil action on account of any act, statement, or proceeding
undertaken, made, or performed within the scope of the functions of the
committee.

(b) The proceedings of a medical review committee, the
records and materials it produces and the materials it considers shall be
confidential and not considered public records within the meaning of G.S. 132-1,
"Public records" defined, and shall not be subject to discovery or
introduction into evidence in any civil action against a public health
authority or a provider of professional health services which results from
matters which are the subject of evaluation and review by the committee. No
person who was in attendance at a meeting of the committee shall be required to
testify in any civil action as to any evidence or other matters produced or
presented during the proceedings of the committee or as to any findings,
recommendations, evaluations, opinions, or other actions of the committee or
its members. However, information, documents, or records otherwise available
are not immune from discovery or use in a civil action merely because they were
presented during proceedings of the committee. A member of the committee or a
person who testifies before the committee may testify in a civil action but
cannot be asked about his testimony before the committee or any opinions formed
as a result of the committee hearings. (1997-502, s.
1.)

§ 130A-45.8. Confidentiality of patient information.

(a) Medical records compiled and maintained by public
health authorities in connection with the admission, treatment, and discharge
of individual patients are not public records as defined by Chapter 132 of the
General Statutes.

(b) Charges, accounts, credit histories, and other
personal financial records compiled and maintained by public health authorities
in connection with the admission, treatment, and discharge of individual
patients are not public records as defined by Chapter 132 of the General
Statutes. (1997-502, s. 1.)

§ 130A-45.9. Confidentiality of personnel information.

(a) Except as provided in subsection (b) of this
section, the personnel files of employees or former employees and the files of
applicants for employment maintained by a public health authority are not
public records as defined by Chapter 132 of the General Statutes.

(b) The following information with respect to each
employee of a public health authority is a matter of public record: name; age;
date of original employment or appointment; beginning and ending dates,
position title, position descriptions, and total compensation of current and
former positions; the terms of any contract by which the employee is employed
whether written or oral, past and current, to the extent that the authority has
the written contract or a record of the oral contract in its possession, and
date of the most recent promotion, demotion, transfer, suspension, separation,
or other change in position classification. In addition, the following
information with respect to each licensed medical provider employed by or
having privileges to practice in a public health facility shall be a matter of
public record: educational history and qualifications, date and jurisdiction or
original and current licensure; and information relating to medical board
certifications or other qualifications of medical specialists. For the purposes
of this subsection, the term "total compensation" includes pay,
benefits, incentives, bonuses, and deferred and all other forms of compensation
paid by the employing entity.

(c) Information regarding the qualifications,
competence, performance, character, fitness, or conditions of appointment of an
independent contractor who provides health care services under a contract with
a public health authority is not a public record as defined by Chapter 132 of
the General Statutes. Information regarding a hearing or investigation of a
complaint, charge, or grievance by or against an independent contractor who
provides health care services under a contract with a public health authority
is not a public record as defined by Chapter 132 of the General Statutes. Final
action making an appointment or discharge or removal by a public health
authority having final authority for the appointment or discharge or removal
shall be taken in an open meeting, unless otherwise exempted by law. The
following information with respect to each independent contractor of health
care services of a public health authority is a matter of public record: name;
age; date of original contract; beginning and ending dates; position title;
position descriptions; and total compensation of current and former positions;
and the date of the most recent promotion, demotion, transfer, suspension,
separation, or other change in position classification. (1997-502, s. 1; 2007-508, s. 5.)

§ 130A-45.10. Confidentiality of credentialing information.

Information acquired by a public health authority or by
persons acting for or on behalf of a public health authority in connection with
the credentialing and peer review of persons having or applying for privileges
to practice in a public health facility is confidential and is not a public
record under Chapter 132 of the General Statutes; provided that information
otherwise available to the public shall not become confidential merely because
it was acquired by the authority or by persons acting for or on behalf of the
authority. (1997-502, s. 1.)

§ 130A-45.11. Confidentiality of competitive health care
information.

Information relating to competitive health care activities by
or on behalf of public health authorities shall be confidential and not a
public record under Chapter 132 of the General Statutes; provided that any
contract entered into by or on behalf of a public health authority shall be a
public record unless otherwise exempted by law. (1997-502,
s. 1.)

§ 130A-45.12. Personnel.

Employees under the supervision of the public health
authority director are employees of the public health authority and shall be exempt
from Chapter 126 of the General Statutes, unless otherwise provided in this
Part. (2001-92, s. 1.)

§ 130A-45.13. Authority to contract directly with private
providers to operate billing system for county Medicaid claims.

A public health authority board may contract directly with
private vendors to operate the authority's Medicaid billing system as an
alternative to the State-operated health services information system. The
contract may provide for the private vendor to bill directly the State Medicaid
billing system (MMIS), thereby bypassing the State health services information
system (HSIS). The public health authority shall issue a "request for
proposal" to solicit private vendor bids for contracts authorized under
this section. Information systems authorized under this section shall be
consistent with and interface with relevant statewide public health data
systems to address State cost containment and service reporting needs. (2005-459, s. 1.)

§ 130A-46. Reserved for future codification purposes.

Part 2. Sanitary Districts.

§ 130A-47. Creation by Commission.

(a) For the purpose of preserving and promoting the
public health and welfare, the Commission may create sanitary districts without
regard for county, township or municipal lines. However, no municipal
corporation or any part of the territory in a municipal corporation shall be
included in a sanitary district except at the request of the governing board of
the municipal corporation. If the municipal corporation has not levied any tax
nor performed any official act nor held any elections within a period of four
years preceding the date of the petition for the sanitary district, a request
of the governing board shall not be required.

A sanitary district shall be incorporated as follows. Either
fifty-one percent (51%) or more of the resident freeholders within a proposed
sanitary district or fifty-one percent (51%) or more of the freeholders within
a proposed sanitary district, whether or not the freeholders are residents of
the proposed sanitary district, may petition the county board of commissioners
of the county in which all or the largest portion of the land of the proposed district
is located. This petition shall set forth the boundaries of the proposed
sanitary district and the objectives of the proposed district. For the purposes
of this Part, the term "freeholder" shall mean a person holding a
deed to a tract of land within the district or proposed district, and also
shall mean a person who has entered into a contract to purchase a tract of land
within the district or proposed district, is making payments pursuant to a
contract and will receive a deed upon completion of the contractual payments.
The contracting purchaser, rather than the contracting seller, shall be deemed
to be the freeholder. The county tax office shall be responsible for checking
the freeholder status of those persons signing the petition. That office shall
also be responsible for confirming the location of the property owned by those
persons. Upon receipt of the petition, the county board of commissioners,
through its chairperson, shall notify the Department and the chairperson of the
county board of commissioners of any other county or counties in which any
portion of the proposed district lies of the receipt of the petition. The
chairperson shall request that the Department hold a joint public hearing with
the county commissioners of all the counties in which a portion of the district
lies concerning the creation of the proposed sanitary district. The Secretary
and the chairperson of the county board of commissioners shall name a time and
place within the proposed district to hold the public hearing. The chairperson
of the county board of commissioners shall give prior notice of the hearing by
posting a notice at the courthouse door of the county and also by publication
at least once a week for four successive weeks in a newspaper published in the
county. In the event the hearing is to be before a joint meeting of the county
boards of commissioners of more than one county, or in the event the land to be
affected lies in more than one county, publication and notice shall be made in
each of the affected counties. In the event that all matters pertaining to the
creation of this sanitary district cannot be concluded at the hearing, the
hearing may be continued at a time and place within the proposed district named
by the Department. (1927, c. 100, ss. 2-4; 1951, c.
178, s. 1; 1957, c. 1357, s. 1; 1959, c. 1189, s. 1; 1965, c. 135; 1967, c. 24,
s. 21; 1973, c. 476, s. 128; 1975, c. 536; 1983, c. 891, s. 2; 2002-159, s.
55(f).)

§ 130A-49. Declaration that district exists; status of
industrial villages within boundaries of district.

(a) If, after the required public hearing, the
Commission and the county commissioners determine that a district shall be
created for the purposes stated in the petition, the Commission shall adopt a
resolution defining the boundaries of the district and declaring the territory
within the boundaries to be a sanitary district. The Commission may make minor
deviation in defining the boundaries from those prescribed in the petition when
it determines the change to be in the interest of the public health.

(b) The owner or controller of an industrial plant may
make application requesting that the plant or the plant and its contiguous
village be included within or excluded from the sanitary district. The
application shall be filed with the Commission on or before the date of the
public hearing. If an application is properly filed, the Commission shall
include or exclude the industrial plant and contiguous village in accordance
with the application.

(c) Each district when created shall be identified by
a name or number assigned by the Commission. (1927, c.
100, s. 5; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)

§ 130A-49.5. Ethics.

(a) The governing board shall adopt a resolution or
policy containing a code of ethics, as required by G.S. 160A-86.

(b) All members of the governing board, whether
elected or appointed, shall receive the ethics education required by G.S. 160A-87.
(2009-403, s. 6.)

§ 130A-50. Election and terms of office of sanitary district
boards.

(a) The Department shall send a copy of the resolution
creating the sanitary district to the board or boards of county commissioners
of the county or counties in which all or part of the district is located. The
Department shall file or cause to be filed with the county board or boards of
elections in the same county or counties a map of the district. With the map it
shall include supporting documents. That map and documents shall be filed
within 10 business days after the creation of the district and amended within
10 days after any change to the boundaries of the district. The board or boards
of commissioners shall hold a meeting or joint meeting for the purpose of
electing the members of the sanitary district board.

(b) The sanitary district board shall be composed of
either three or five members as the county commissioners in their discretion
shall determine. The members first appointed shall serve as the governing body
of the sanitary district until the next regular election for municipal and
special district officers as provided in G.S. 163-279, which occurs more than
90 days after their appointment. At that election, their successors shall be
elected. The terms of the members shall be for two years or four years and may
be staggered as determined by the county board of commissioners so that some
members are elected at each biennial election. The members of the sanitary
district board shall be residents of the district. The county board of
commissioners shall notify the county board of elections of any decision made
under this subsection.

If the sanitary district board consists of three members, the
county commissioners may at any time increase the sanitary district board to
five members. The increase shall become effective with respect to any election
where the filing period for candidacy opens at least 30 days after approval of
the expansion to five members. The effective date of the expansion is the
organizational meeting of the sanitary district board after the election.

The county commissioners may provide for staggering terms of
an existing sanitary district board whose members serve two-year terms by
providing for some of the members to be elected at the next election to be for
four-year terms. The change shall become effective with respect to any election
where the filing period for candidacy opens at least 30 days after approval of
the staggering of terms.

The sanitary district board may provide for staggering its
terms if its members serve unstaggered four-year terms by providing for some of
the members to be elected at the next election for two-year terms. The change
shall become effective with respect to any election where the filing period for
candidacy opens at least 30 days after approval of the staggering of terms.

The county commissioners may provide for changing a sanitary
district board from two-year terms to unstaggered four-year terms. This may be
done either by providing that at the next election, all members shall be
elected for four-year terms, or by extending the terms of existing members from
two years to four years. The change shall become effective with respect to any
election where the filing period for candidacy opens at least 30 days after
approval of the change of length of terms.

(b1) If a sanitary district:

1. Does not share territory with any city as defined
by G.S. 160A-1(2), and

2. The sanitary district is in more than one county,

the boards of county commissioners in all counties with
territory in the sanitary district may set the sanitary district elections to
be held on the same date as general elections in even-numbered years under G.S.
163-1 and may extend the terms of any sanitary district board members who are
in office at the ratification of this act until the next even-year general
election can been [be] held and successors qualified.

(b2) If a sanitary district:

(1) Is located entirely within a county which has no
incorporated city as defined by G.S. 160A-1(2) located within that county; and

(2) Has a sanitary district board whose members serve
four-year terms which are not staggered and which next expire in 1991,

the board of commissioners of that county may, by resolution
adopted prior to December 31, 1989, set the sanitary district election to be
held on the same date as general elections in even-numbered years under G.S.
163-1. Such resolution shall extend the terms of office of the then serving
members of the sanitary district board by one year, so that they will expire on
the first Monday in December following the 1992 general election. Other than as
provided by this subsection, sanitary district elections shall continue to be
conducted in accordance with this Article and Chapter 163 of the General
Statutes.

(c) The election shall be nonpartisan and decided by
simple plurality as provided in G.S. 163-292 and shall be held and conducted by
the county board of elections in accordance with the applicable provisions of
Articles 23 and 24 of Chapter 163 of the General Statutes. If the district is
in more than one county, then the county board of elections of the county
including the largest part of the district shall conduct the election for the
entire district with the assistance and full cooperation of the boards of
elections in the other counties.

(d) The board of elections shall certify the results of
the election to the clerk of superior court. The clerk of superior court shall
take and file the oaths of office of the board members elected.

(a) When the General Assembly incorporates a city or
town that includes within its territory fifty percent (50%) or more of the
territory of a sanitary district, the governing body of the city or town shall
become ex officio the governing board of the sanitary district if the General
Assembly provides for this action in the incorporation act and if the existing
sanitary district board adopts a final resolution pursuant to this section. The
resolution may be adopted at any time within the period beginning on the day
the incorporation act becomes law and ending 270 days after that date.

(b) To begin the process leading to the city or town
board becoming ex officio the sanitary district board, the board of the
sanitary district shall first adopt a preliminary resolution finding that the
interests of the citizens of the sanitary district and of the city or town will
be best served if both units of local government are governed by a single
governing body. This resolution shall also set the time and place for a public
hearing on the preliminary resolution.

(c) Upon adoption of this preliminary resolution, the
chairperson of the sanitary district board shall publish a notice of the public
hearing once at least 10 days before the hearing in a newspaper of general
circulation within the sanitary district. This notice shall set forth the time
and place of the hearing and shall briefly describe its purpose. At the
hearing, the board shall hear any citizen of the sanitary district or of the
city or town who wishes to speak to the subject of the preliminary resolution.

(d) Within 30 days after the day of the public hearing,
the sanitary district board may adopt a final resolution finding that the
interests of the citizens of the sanitary district and of the city or town will
be best served if both units are governed by a single board. This resolution
shall set the date on which the terms of office of the members of the sanitary
district board end and that board is dissolved and service by the ex officio
board begins. This date may be the effective date of the incorporation of the
city or town or any date within one year after the effective date. At that
time, the sanitary district board is dissolved and the mayor and members of the
governing body of the city or town become ex officio the board of the sanitary
district. The mayor shall act ex officio as chairperson of the sanitary
district board.

(e) The chairperson of the sanitary district board
that adopts a final resolution shall within 10 days after the day the
resolution is adopted, send a copy of the resolution to the mayor and each
member of the city or town governing board and to the Department. (1981, c. 201; 1983, c. 891, s. 2; 1995, c. 20, s. 15.)

§ 130A-52. Special election if election not held in November
of 1981.

(a) If in a sanitary district, an election of board
members was required to be held in November of 1981 under G.S. 130A-50 but was
not held, the board of commissioners of the county or counties in which the
district is located may by resolution order a special election of all the board
members to be held at the same time as the General Election in November of
1982.

(b) The election shall be held under the procedures of
Articles 23 and 24 of Chapter 163 of the General Statutes and in accordance
with G.S. 130A-50, except that filing shall open at noon on Monday, August 9,
1982, and close at noon on Monday, August 23, 1982.

(c) In the election held under this section, all of
the members of the board shall be elected. If the board of commissioners has
provided for two-or four-year terms, the members elected in 1982 shall serve
until the 1983 or 1985 election, respectively, and then their successors shall
be elected for the two-or four-year terms provided by the county board or
boards of commissioners.

If any sanitary district held an election in 1982 under G.S.
130A-52, but failed to hold the 1983 election, then the persons elected in 1982
shall hold office until the terms that were to begin in 1983 have expired. (1983 (Reg. Sess., 1984), c. 1021, s. 1.)

§ 130A-53. Actions validated.

Any action of a sanitary district taken prior to July 1,
1984, shall not be invalidated by failure to hold an election for members of
the board. (1981 (Reg. Sess., 1982), c. 1271, s. 1;
1983, c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 1021, s. 2.)

§ 130A-54. Vacancy appointments to district boards.

Any vacancy in a sanitary district board shall be filled by
the county commissioners until the next election for sanitary district board
members. If the district is located in more than one county, the vacancy shall
be filled by the county commissioners of the county from which the vacancy
occurred. (1935, c. 357, s. 2; 1957, c. 1357, s. 1;
1981, c. 186, s. 2; 1983, c. 891, s. 2.)

§ 130A-55. Corporate powers.

A sanitary district board shall be a body politic and
corporate and may sue and be sued in matters relating to the sanitary district.
Notwithstanding any limitation in the petition under G.S. 130A-48, but subject
to the provisions of G.S. 130A-55(17)e, each sanitary district may exercise all
of the powers granted to sanitary districts by this Article. In addition, the
sanitary district board shall have the following powers:

(1) To acquire, construct, maintain and operate sewage
collection, treatment and disposal systems of all types, including septic tank
systems or other on-site collection, treatment or disposal facilities or
systems; water supply systems; water purification or treatment plants and other
utilities necessary for the preservation and promotion of the public health and
sanitary welfare within the district. The utilities shall be constructed,
operated and maintained in accordance with applicable statutes and rules.

(2) To acquire, construct, maintain and operate sewage
collection, treatment and disposal systems of all types, including septic tank
systems or other on-site collection or disposal facilities or systems, water
supply systems; water purification or treatment plants and other utilities,
within and outside the corporate limits of the district, as may be necessary
for the preservation of the public health and sanitary welfare outside the
corporate limits of the district, within reasonable limitation. The utilities
shall be constructed, operated and maintained in accordance with applicable
statutes and rules.

a. The authority granted to a sanitary district by the
provisions of this subsection is supplemental to the authority granted to a
sanitary district by other provisions of law.

b. Actions taken by a sanitary district to acquire,
construct, maintain and operate sewage collection, treatment and disposal
systems of all types; water supply systems; water purification or treatment
plants and other utilities within and outside the corporate limits to provide
service outside the corporate limits are approved and validated.

c. This subsection shall apply only in counties with a
population of 70,000 or greater, as determined by the most recent decennial
federal census.

(3) To levy taxes on property within the district in
order to carry out the powers and duties conferred and imposed on the district
by law, and to pay the principal of and interest on bonds and notes of the
district.

(4) To acquire either by purchase, condemnation or
otherwise and hold real and personal property, easements, rights-of-way and
water rights in the name of the district within or without the corporate limits
of the district, necessary or convenient for the construction or maintenance of
the works of the district.

(5) To employ and compensate engineers, counsel and
other persons as may be necessary to carry out projects.

(6) To negotiate and enter into agreements with the
owners of existing water supplies, sewage systems or other utilities as may be
necessary to carry out the intent of this Part.

(7) To adopt rules necessary for the proper functioning
of the district. However, these rules shall not conflict with rules adopted by
the Commission for Public Health, Environmental Management Commission, or the
local board of health having jurisdiction over the area. Further, such sanitary
district board rules shall be no more restrictive than or conflict with
requirements or ordinances of any county having jurisdiction over the area,
and, if a conflict should arise, the requirements or ordinances of the county
having jurisdiction over the area shall control.

(8) a. To contract
with any person within or outside the corporate limits of the district to
supply raw water without charge to the person in return for an agreement to
allow the district to discharge sewage in the person's previous water supply.
The district may so contract and construct at its expense all improvements
necessary or convenient for the delivery of the water when, in the opinion of
the sanitary district board and the Department, it will be for the best of the
district.

b. To contract with any person within or outside the
corporate limits of the district to supply raw or filtered water and sewer
service to the person where the service is available. For service supplied
outside the corporate limits of the district, the sanitary district board may
fix a different rate from that charged within the corporate limits but shall
not be liable for damages for failure to furnish a sufficient supply of water
and adequate sewer service.

c. To contract with any person within or outside the
corporate limits of the district for the treatment of the district's sewage in
a sewage disposal or treatment plant owned and constructed or to be constructed
by that person.

(9) After adoption of a plan as provided in G.S. 130A-60,
the sanitary district board may, in its discretion, alter or modify the plan if
the Department determines that the alteration or modification does not
constitute a material deviation from the objective of the plan and is in the
public health interest of the district. The alteration or modification must be
approved by the Department. The sanitary district board may appropriate or
reappropriate money of the district for carrying out the altered or modified
plan.

(10) To take action, subject to the approval of the
Department, for the prevention and eradication of diseases transmissible by
vectors by instituting programs for the eradication of the mosquito.

(11) To collect and dispose of garbage, waste and other
refuse by contract or otherwise.

(12) To establish a fire department, or to contract for
firefighting apparatus and personnel for the protection of life and property
within the district.

(13) To provide or contract for rescue service, ambulance
service, rescue squad or other emergency medical services for use in the district.
The sanitary district shall be subject to G.S. 153A-250.

(14) To have privileges and immunities granted to other
governmental units in exercise of the governmental functions.

(15) To use the income of the district, and if necessary,
to levy and collect taxes upon all the taxable property within the district
sufficient to pay the costs of collecting and disposing of garbage, waste and
other refuse, to provide fire protection and rescue services in the district,
and to acquire, construct, maintain, operate, and regulate roads and streets
within the district. Taxes shall be levied and collected at the same time and
in the same manner as taxes for debt service as provided in G.S. 130A-62.

(16) To adopt rules for the promotion and protection of
the public health and for these purposes to possess the following powers:

a. To require the owners of developed property on
which there are situated one or more residential dwelling units or commercial
establishments located within the jurisdiction of the district and within a
reasonable distance of any waterline or sewer collection line owned, leased as
lessee, or operated by the district to connect the property with the waterline,
sewer connection line, or both and fix charges for the connections. The power
granted by this subdivision may be exercised by a district only to the extent
that the service, whether water, sewer, or a combination thereof, to be
provided by the district is not then being provided to the improved property by
any other political subdivision or by a public utility regulated by the North
Carolina Utilities Commission pursuant to Chapter 62 of the General Statutes.
In the case of improved property that would qualify for the issuance of a
building permit for the construction of one or more residential dwelling units
or commercial establishments and where the district has installed water or
sewer lines or a combination thereof directly available to the property, the
district may require payment of a periodic availability charge, not to exceed
the minimum periodic service charge for properties that are connected. In
accordance with G.S. 87-97.1, when developed property is located so as to be
served by a sanitary district water line and the property owner has connected
to that water line, the property owner may continue to use any private water
well located on the property for nonpotable purposes as long as the water well
is not interconnected to the sanitary district water line and the sanitary
district shall not require the owner of any such water well to abandon, cap, or
otherwise compromise the integrity of the water well.

b. To require any person owning, occupying or
controlling improved real property within the district where the water or
sewage systems of the district are not immediately available or it is
impractical with the systems, to install sanitary toilets, septic tanks and
other health equipment or installations in accordance with applicable statutes
and rules.

c. To order a person to abate a public health nuisance
of the district. If the person being ordered to abate the nuisance refuses to
comply with the order, the sanitary district board may institute an action in
the superior court of the county where the public health nuisance exists to
enforce the order.

d. To abolish or regulate and control the use and
occupancy of all pigsties and other animal stockyards or pens within the
district and for an additional distance of 500 feet beyond the outer boundaries
of the district, unless the 500 feet is within the corporate limits of a city
or town.

e. Upon the noncompliance by a person of a rule
adopted by the sanitary district board, the board shall notify the person of
the rule being violated and the facts constituting the violation. The person
shall have a reasonable time to comply with the rule as determined by the local
health director of the person's residence. Upon failure to comply within the
specified time or within a time extended by the sanitary district board, the
person shall be guilty of a Class 1 misdemeanor.

f. The sanitary district board is authorized to
enforce the rules adopted pursuant to this Part by criminal action or civil
action, including injunctive relief.

(17) For the purpose of promoting and protecting the
public health, safety and the general welfare of the State, a sanitary district
board is authorized to establish as zoning units any portions of the sanitary
district not under the control of the United States or this State or any agency
or instrumentality of either, in accordance with the following:

a. No sanitary district board shall designate an area
a zoning area until a petition signed by two-thirds of the qualified voters in
the area, as shown by the registration books used in the last general election,
and with a petition signed by two-thirds of the owners of real property in the
area, as shown by the records in the office of the register of deeds for the
county, is filed with the sanitary district board. The petition must be
accompanied by a map of the proposed zoning area. The board shall hold a public
hearing to obtain comment on the proposed creation of the zoning area. A notice
of public hearing must be published in a newspaper of general circulation in
the county at least two times, and a copy of the notice shall be posted at the
county courthouse and in three other public places in the sanitary district.

b. When a zoning area is established within a sanitary
district, the sanitary district board as to the zoning area shall have all
rights, privileges, powers and duties granted to municipal corporations under Part
3, Article 19, Chapter 160A of the General Statutes. However, the sanitary
district board shall not be required to appoint any zoning commission or board
of adjustment. If neither a zoning commission nor board of adjustment is
appointed, the sanitary district board shall have all rights.

c. A sanitary district board may enter into an
agreement with any city, town or sanitary district for the establishment of a
joint zoning commission.

d. A sanitary district board is authorized to use the
income of the district and levy and collect taxes upon the taxable property
within the district necessary to carry out and enforce the rules and provisions
of this subsection.

e. This subsection shall apply only to sanitary
districts which adjoin and are contiguous to an incorporated city or town and
are located within three miles or less of the boundaries of two other cities or
towns.

(18) To negotiate for and acquire by contract any
distribution system located outside the district when the water for the
distribution system is furnished by the district. If the distribution system is
acquired by a district, the district may continue the operation of the system
even though it remains outside the district.

(19) To accept gifts of real and personal property for
the purpose of operating a nonprofit cemetery; to own, operate and maintain
cemeteries with the donated property; and to establish perpetual care funds for
the cemeteries in the manner provided by G.S. 160A-347.

(20) To dispose of real or personal property belonging to
the district according to the procedures prescribed in Article 12 of Chapter
160A of the General Statutes. For purposes of this subsection, references in
Article 12 of Chapter 160A to the "city," the "council," or
a specific city official refer, respectively, to the sanitary district, the
sanitary district board, and the sanitary district official who most nearly
performs the same duties performed by the specified city official. For purposes
of this subsection, references in G.S. 160A-266(c) to "one or more city
officials" are deemed to refer to one or more sanitary district officials
designated by the sanitary district board.

(21) To acquire, renovate property for or construct a
medical clinic to serve the district, and to maintain real and personal
property for a medical clinic to serve the district.

(22) To make special assessments against benefitted
property within the corporate limits of the sanitary district and within the
area served or to be served by the sanitary district for the purpose of
constructing, reconstructing, extending, or otherwise improving water systems
or sanitary collection, treatment, and sewage disposal systems, in the same
manner that a county may make special assessments under authority of Article 9
of Chapter 153A of the General Statutes, except that the language appearing in
G.S. 153A-185 reading as follows: "A county may not assess property within
a city pursuant to subdivision (1) or (2) of this section unless the governing
board of the city has by resolution approved the project," shall not apply
to assessments levied by sanitary districts. For the purposes of this
paragraph, references in Article 9 of Chapter 153A of the General Statutes, to
the "county," the "board of county commissioners,"
"the board" or a specific county official or employee are deemed to
refer respectively to the sanitary district and to the official or employee of
the sanitary district who performs most nearly the same duties performed by the
specified county official or employee.

Assessment rolls after being
confirmed shall be filed for registration in the office of the Register of
Deeds of the county in which the property being assessed is located, and the
term "county tax collector" wherever used in G.S. 153A-195 and G.S.
153A-196, shall mean the officer designated by the sanitary district to perform
the functions described in said sections of the statute. This subdivision
applies only to sanitary districts with a population of 15,000 or over.

(23) To acquire (by purchase, lease, gift, or otherwise,
but not by condemnation), construct, maintain, operate, and regulate roads and
streets within the sanitary district which are not State-maintained. Not all of
these powers need be exercised.

(a) Upon election, a sanitary district board shall
meet and elect one of its members as chairperson and another member as
secretary.

(b) The board may employ a clerk or other assistants
as necessary and may fix duties of and compensation for employees. A sanitary
district board may remove employees and fill vacancies.

(c) The board may fix the compensation and allowances
of the chairman and other members of the board by adoption of the annual budget
ordinance, payable from the funds of the district, but no increase may become
effective earlier than the first meeting of the board following the next
election of board members after adoption of the ordinance. Until adoption of an
ordinance under this subsection, each member of the board may receive
compensation as provided for members of State boards under G.S. 138-5, payable
from funds of the district. (1927, c. 100, s. 8; 1957,
c. 1357, s. 1; 1967, c. 723; 1977, c. 183; 1983, c. 891, s. 2; 1985, c. 29, ss.
1, 2; 1995, c. 422, s. 5; 2003-185, s. 1.)

§ 130A-57. Power to condemn property.

A sanitary district board may purchase real estate, right-of-way
or easement within or outside the corporate limits of the district for
improvements authorized by this Part. If a purchase price cannot be agreed
upon, the board may condemn the real estate, right-of-way or easement in
accordance with Chapter 40A of the General Statutes. (1927,
c. 100, s. 9; 1933, c. 8, s. 3; 1957, c. 1357, s. 1; 1981, c. 919, s. 13; 1983,
c. 891, s. 2.)

§ 130A-58. Construction of systems by corporations or
individuals.

When it is inadvisable or impractical for the sanitary
district to build a water supply, sewage system or part of either to serve an
area within the sanitary district, a corporation or residents within the
sanitary district may build and operate a system at its or their own expense.
The system shall be constructed and operated under plans and specifications
approved by the district board and by the Department. The system shall also be
constructed and operated in accordance with applicable rules and statutes. (1927, c. 100, s. 10; 1957, c. 1357, s. 1; 1973, c. 476, s.
128; 1983, c. 891, s. 2.)

§ 130A-59. Reports.

Upon the election of a sanitary district board, the board
shall employ engineers licensed by this State to make a report on the problems
of the sanitary district. The report shall be prepared and filed with the sanitary
district board and shall include the following:

(1) Comprehensive maps showing the boundaries of the
sanitary district and, in a general way, the location of the various parts of
the work that is proposed to be done and information as may be useful for a
thorough understanding of the proposed undertaking;

(2) A general description of existing facilities for
carrying out the purposes of the district;

(3) A general description of the various plans which
might be adopted for accomplishment of the purposes of the district;

(4) General plans and specifications for the work;

(5) General description of property proposed to be
acquired or which may be damaged in carrying out the work;

(6) Comparative detail estimates of cost for the
various construction plans; and

(a) A report filed by the engineers pursuant to G.S.
130A-59 shall be given consideration by the sanitary district board and the
board shall adopt a plan. Before adopting a plan the board may hold a public
hearing for the purpose of considering objections to the plan. Once adopted,
the sanitary district board shall submit the plan to the Department. The plan
shall not become effective until it is approved by the Department.

(b) The provisions of this section and of G.S. 130A-58
shall apply when the sanitary district board determines that adoption of the
plan requires the issuance of bonds. However, these provisions shall not apply
to a proposed purchase of firefighting equipment and apparatus. Failure to
observe or comply with these provisions shall not, however, affect the validity
of the bonds of a sanitary district. (1927, c. 100, s.
12; 1949, c. 880, s. 1; 1951, c. 17, s. 1; 1957, c. 1357, s. 1; 1973, c. 476,
s. 128; 1983, c. 891, s. 2.)

(a) A sanitary district shall operate under an annual
balanced budget adopted in accordance with the Local Government Budget and
Fiscal Control Act.

(b) A sanitary district has the option of either
collecting its own taxes or having its taxes collected by the county or
counties in which it is located. Unless a district takes affirmative action to
collect its own taxes, taxes shall be collected by the county.

(c) For sanitary districts whose taxes are collected
by the county, before May 1 of each year, the assessor of each county in which
the district is located shall certify to the district board the total assessed
value of property in the county subject to taxation by the district. By July 1
or upon adoption of its annual budget ordinance, the district board shall
certify to the county board of commissioners the rate of ad valorem tax levied
by the district on property in that county. Upon receiving the district's
certification of its tax levy, the county commissioners shall compute the
district tax for each taxpayer and shall separately state the district tax on
the county tax receipts for the fiscal year. The county shall collect the
district tax in the same manner that county taxes are collected and shall remit
these collections to the district at least monthly. Partial payments shall be
proportionately divided between the county and the district. The district
budget ordinance may include an appropriation to the county for the cost to the
county of computing, billing, and collecting the district tax. The amount of
the appropriation shall be agreed upon by the county and the district, but may
not exceed five percent (5%) of the district levy. Any agreement shall remain
effective until modified by mutual agreement. The amount due the county for
collecting the district tax may be deducted by the county from its monthly
remittances to the district or may be paid to the county by the district.

(a) The sanitary district board shall retain engineers
licensed by this State to provide detailed plans and specifications and to
supervise the work undertaken by the district. The work or any portion of the
work may be done by the sanitary district board by purchasing the material and
letting a contract for the work or by letting a contract for furnishing all the
materials and doing the work.

(b) All contracts for work performed for construction
or repair and for the purchase of materials by sanitary districts shall be in
accordance with the provisions of Article 8, Chapter 143 of the General
Statutes which are applicable to counties and municipal corporations.

(c) All work done shall be in accordance with the
plans and specifications prepared by the engineers in conformity with the plan
adopted by the sanitary district board. (1927, c. 100,
s. 19; 1957, c. 1357, s. 1; 1977, c. 544, s. 1; 1983, c. 891, s. 2.)

§ 130A-64. Service charges and rates.

A sanitary district board shall apply service charges and
rates based upon the exact benefits derived. These service charges and rates
shall be sufficient to provide funds for the maintenance, adequate depreciation
and operation of the work of the district. If reasonable, the service charges
and rates may include an amount sufficient to pay the principal and interest
maturing on the outstanding bonds and, to the extent not otherwise provided
for, bond anticipation notes of the district. Any surplus from operating
revenues shall be set aside as a separate fund to be applied to the payment of
interest on or to the retirement of bonds or bond anticipation notes. The
sanitary district board may modify and adjust these service charges and rates. (1927, c. 100, s. 20; 1933, c. 8, s. 5; 1957, c. 1357, s. 1;
1965, c. 496, s. 4; 1983, c. 891, s. 2.)

§ 130A-64.1. Notice of new or increased charges and rates;
public comment period.

(a) A sanitary district shall provide notice to
interested parties of the imposition of or increase in service charges or rates
applicable solely to the construction of development subject to Part 2 of
Article 19 of Chapter 160A or Part 2 of Article 18 of Chapter 153A of the
General Statutes for any service provided by the sanitary district at least
seven days prior to the first meeting where the imposition of or increase in
the charges or rates is on the agenda for consideration. The sanitary district
shall employ at least two of the following means of communication in order to
provide the notice required by this section:

(1) Notice of the meeting in a prominent location on a
Web site managed or maintained by the sanitary district.

(2) Notice of the meeting in a prominent physical
location, including, but not limited to, the district's headquarters or any
government building, library, or courthouse located within the sanitary
district.

(3) Notice of the meeting by electronic mail to a list
of interested parties that is created by the sanitary district for the purpose
of notification as required by this section.

(4) Notice of the meeting by facsimile to a list of
interested parties that is created by the sanitary district for the purpose of
notification as required by this section.

(a1) If a sanitary district does not maintain its own
Web site, it may employ the notice option provided by subdivision (1) of
subsection (a) of this section by submitting a request to a county or counties
in which the district is located to post such notice in a prominent location on
a Web site that is maintained by the county or counties. Any sanitary district
that elects to provide such notice shall make its request to the county or
counties at least 15 days prior to the date of the first meeting where the
imposition of or increase in the fees or charges is on the agenda for
consideration.

(b) During the consideration of the imposition of or
increase in service charges or rates as provided in subsection (a) of this
section, the governing body of the sanitary district shall permit a period of
public comment.

(c) This section shall not apply if the imposition of
or increase in service charges or rates is contained in a budget filed in
accordance with the requirements of G.S. 159-12. (2009-436,
s. 3; 2010-180, s. 11(c).)

§ 130A-65. Liens for sewer service charges in sanitary
districts not operating water distribution system; collection of charges;
disconnection of sewer lines.

In sanitary districts which maintain and operate a sewage
system but do not maintain and operate a water distribution system, the charges
made for sewer service or for use of sewer service facilities shall be a lien
upon the property served. If the charges are not paid within 15 days after
they become due and payable, suit may be brought in the name of the sanitary
district in the county in which the property served is located, or the
property, subject to the lien, may be sold by the sanitary district under the
same rules, rights of redemption and savings as are prescribed by law for the
sale of land for unpaid ad valorem taxes. A sanitary district is authorized to
adopt rules for the use of sewage works and the collection of charges. A
sanitary district is authorized in accordance with its rules to enter upon the
premises of any person using the sewage works and failing to pay the charges,
and to disconnect the sewer line of that person from the district sewer line or
disposal plant. A person who connects or reconnects with district sewer line
or disposal plant without a permit from the sanitary district shall be guilty
of a Class 1 misdemeanor. (1965, c. 920, s. 1; 1983,
c. 891, s. 2; 1993, c. 539, s. 949; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 130A-66. Removal of member of board.

A petition with the signatures of twenty-five percent (25%)
or more of the voters within a sanitary district which requests the removal
from office of one or more members of a sanitary district board for malfeasance
or nonfeasance in office may be filed with the board of commissioners of the
county in which all or the greater portion of the voters of a sanitary district
are located. Upon receipt of the petition, the county board of commissioners
shall meet and adopt a resolution to hold an election on the question of
removal. In the event that more than one member of a sanitary district board is
subjected to recall in an election, the names of each member of the board
subjected to recall shall appear upon separate ballots. If in a recall
election, a majority of the votes within the sanitary district are cast for the
removal of a member or members of the sanitary district board subject to
recall, the member or members shall cease to be a member or members of the
sanitary district board. A vacancy shall be immediately filled. The expenses of
holding a recall election shall be paid from the funds of the sanitary
district. (1927, c. 100, s. 21; 1957, c. 1357, s. 1;
1981, c. 186, s. 3; 1983, c. 891, s. 2.)

§ 130A-67. Rights-of-way granted.

A right-of-way in, along or across a county or State highway,
street or property within a sanitary district is granted to a sanitary district
in case the board finds it necessary or convenient for carrying out the work of
the district. Any work done in, along or across a State highway shall be done
in accordance with the rules of the Board of Transportation. (1927, c. 100, s. 22; 1933, c. 172, s. 17; 1957, c. 1357, s.
1; 1973, c. 507, s. 5; 1983, c. 891, s. 2.)

§ 130A-68. Returns of elections.

In all elections provided for in this Part, the board of
elections shall file copies of the returns with the county boards of
commissioners, sanitary district board and clerk of superior court in which the
district is located. (1927, c. 100, s. 23; 1957, c.
1357, s. 1; 1981, c. 186, s. 4; 1983, c. 891, s. 2.)

§ 130A-69. Procedure for extension of district.

(a) If after a sanitary district has been created or
the provisions of this Part have been made applicable to a sanitary district, a
petition signed by not less than fifteen percent (15%) of the resident
freeholders within any territory contiguous to and adjoining the sanitary
district may be presented to the sanitary district board requesting annexation
of territory described in the petition. The sanitary district board shall send
a copy of the petition to the board of commissioners of the county or counties
in which the district is located and to the Department. The sanitary district
board shall request that the Department hold a joint public hearing with the
sanitary district board on the question of annexation. The Secretary and the
chairperson of the sanitary district board shall name a time and place for the
public hearing. The chairperson of the sanitary district board shall publish a
notice of public hearing once in a newspaper or newspapers published or
circulating in the sanitary district and the territory proposed to be annexed.
The notice shall be published not less than 15 days prior to the hearing. If
after the hearing, the Commission approves the annexation of the territory
described in the petition, the Department shall advise the board or boards of
commissioners of the approval. The board or boards of commissioners shall order
and provide for the holding of a special election in accordance with G.S. 163-287
upon the question of annexation within the territory proposed to be annexed.

(b) If at or prior to the public hearing, a petition
is filed with the sanitary district board signed by not less than fifteen
percent (15%) of the freeholders residing in the sanitary district requesting
an election be held on the annexation question, the sanitary district board
shall send a copy of the petition to the board or boards of commissioners who
shall order and provide for the submission of the question to the voters within
the sanitary district. This election may be held on the same day as the
election in the territory proposed to be annexed, and both elections and
registrations may be held pursuant to a single notice. A majority of the votes
cast is necessary for a territory to be annexed to a sanitary district.

(c) The election shall be held by the county board or
boards of elections in accordance with G.S. 163-287 after the board or boards
of commissioners orders the election. The cost of the election shall be paid by
the sanitary district. Registration in the area proposed for annexation shall
be under the same procedure as G.S. 163-288.2.

(d) Notice of the election shall be given as required
by G.S. 163-33(8) and shall include a statement that the boundary lines of the
territory to be annexed and the boundary lines of the sanitary district have
been prepared by the district board and may be examined. The notice shall also
state that if a majority of the those voting in the election favor annexation,
then the territory annexed shall be subject to all debts of the sanitary
district.

(e) The ballot shall be substantially as follows:

" FOR annexation to the ____ Sanitary District

 AGAINST annexation to the ____ Sanitary District."

The board or boards of elections shall certify the results of
the election to the sanitary district board and the board or boards of
commissioners of the county or counties in which the district is located.

(f) Notwithstanding any other provisions of this
section, if a petition for extension of the boundaries of a sanitary district
is signed by not less than fifty-one percent (51%) of the resident freeholders
within the territory proposed to be annexed, it shall not be necessary to hold
an election provided for by this section on the question of the extension of
the boundaries of the sanitary district.

(g) Notwithstanding any other provisions of this
section, if a petition for extension of the boundaries of a sanitary district
is signed by the owners of all the real property within the territory proposed
to be annexed, it shall not be necessary to hold any election or any hearings
provided for by this section on the question of the extension of the boundaries
of the sanitary district.

(h) No right of action or defense founded upon the
invalidity of the election shall be asserted, nor shall the validity of the
election be open to question in any court on any ground unless the action or
proceeding is commenced within 30 days after the certification of the results
by the board or boards of elections.

(i) When additional territory has been annexed to a
sanitary district and the proposition of issuing bonds of the sanitary district
after the annexation has been approved by the voters at an election held within
one year subsequent to annexation, fifty-one percent (51%) or more of the
resident freeholders within the annexed territory may petition the sanitary
district board for the removal and exclusion of the territory from the sanitary
district. No petition may be filed after bonds of the sanitary district have
been approved in an election held at any time after annexation. If the sanitary
district board approves the petition, it shall send a copy to the Department
requesting that the petition be granted and shall send additional copies to the
county board or boards of commissioners. A public hearing shall be conducted
under the same procedure provided for the annexation of additional territory.
If the Commission deems it advisable to comply with the request of the petition,
the Commission shall adopt a resolution to that effect and shall redefine the
boundaries of the sanitary district. (1927, c. 100,
s. 24; 1943, c. 543; 1947, c. 463, s. 1; 1951, c. 897, s. 1; 1957, c. 1357, s.
1; 1959, c. 1189, s. 2; 1961, c. 732; 1973, c. 476, s. 128; 1981, c. 186, s. 5;
1983, c. 891, s. 2; 2013-381, s. 10.20.)

(a) When the boundaries of a sanitary district lie
entirely within or are coterminous with the corporate limits of a city or town
and the sanitary district provides the only public water supply and sewage
disposal system for the city or town, the boundaries of the sanitary district
and the corporate limits of the city or town may be extended simultaneously as
provided in this section.

(b) Twenty-five percent (25%) or more of the resident
freeholders within the territory proposed to be annexed to the sanitary
district and to the city or town may petition the sanitary district board and
the governing board of the city or town setting forth the boundaries of the
area proposed to be annexed and the objects annexation is proposed to
accomplish. The petition may also include any area already within the corporate
limits of the city or town but not already within the boundaries of the
sanitary district. Upon receipt of the petition, the sanitary district board
and the governing board of the city or town shall meet jointly and shall hold a
public hearing prior to approval of the petition. Notice of the hearing shall
be made by posting a notice at the courthouse door of the county or counties
and by publishing a notice at least once a week for four consecutive weeks in a
newspaper with a circulation in the county or counties. If at or after the
public hearing the sanitary district board and the governing board of the city
or town, acting jointly, shall each approve the petition, the petition shall be
submitted to the Commission for approval. If the Commission approves the
petition, the question shall be submitted to a vote of all voters in the area
or areas proposed to be annexed voting as a whole. The election shall be held
on a date approved by the sanitary district board and by the governing board of
the city or town.

(c) The words "For Extension" and
"Against Extension" shall be printed on the ballots for the election.
A majority of all the votes cast is necessary for a district and municipality
to extend boundaries and corporate limits simultaneously.

(d) After declaration of the extension, the territory
and its citizens and property shall be subject to all debts, ordinances and
rules in force in the sanitary district and in the city or town, and shall be
entitled to the same privileges and benefits as other parts of the sanitary
district and the city or town. The newly annexed territory shall be subject to
the sanitary district and the city or town taxes levied for the fiscal year
following the date of annexation.

(e) The costs of holding and conducting the election
for annexation pursuant to this section, shall be shared equally by the
sanitary district and by the city or town.

(f) The sanitary district board and the governing
board of the city or town acting jointly, may order the board or boards of
elections of the county or counties in which the sanitary district and the city
or town are located, to call, hold, conduct and certify the result of the
election, according to the provisions of Chapter 163 of the General Statutes.

(g) When the boundaries of a sanitary district and the
corporate limits of a city or town are extended as provided in this section,
and the proposition of issuing bonds of the sanitary district as enlarged has
not been approved by the voters at an election held within one year subsequent
to the extension, the annexed territory may be removed and excluded from the
sanitary district in the manner provided in G.S. 130A-69. If the petition
includes areas within the present corporate limits of the city or town but not
within the present boundaries of the sanitary district, these areas shall not
be removed or excluded from the city or town under the provisions of this
section.

(h) The powers granted by this section shall be
supplemental and additional to powers conferred by any other law and shall not
be regarded as in derogation to any powers now existing. (1953, c. 977; 1957, c. 1357, s. 1; 1973, c. 476, s. 128;
1981, c. 186, s. 6; 1983, c. 891, s. 2.)

(a) This section only applies to a sanitary district
where one or more municipalities lie within its boundaries.

(b) Whenever a municipality which lies within a
sanitary district receives a petition for annexation under Part 4 of Article 4A
of Chapter 160A of the General Statutes, the municipality may petition the
sanitary district for that sanitary district to also annex the same area. In
such case, the sanitary district may, by resolution, annex the same area, but
the annexation shall only become effective if the territory is annexed by the
requesting municipality.

(c) If G.S. 160A-58.5 allows the municipality to fix
and enforce schedules of rents, rates, fees, charges, and penalties in excess
of those fixed and enforced within the primary corporate limits, the sanitary
district may do likewise as if G.S. 160A-58.5 applied to it.

(d) If the annexed area contains utility lines
constructed or operated by the county and the sanitary district is to assume
control, operation, or management of those lines, the sanitary district and
county may by contract agree for the sanitary district to assume the pro rata
or otherwise mutually agreeable portion of indebtedness incurred by the county
for such purpose, or to contractually agree with the county to reimburse the
county for any debt service. (2001-301, s. 1.)

§ 130A-71. Procedure for withdrawing from district.

Fifty-one percent (51%) or more of the resident freeholders
of a portion of a sanitary district which has no outstanding indebtedness, with
the approval of the sanitary district board, may petition the county board of
commissioners of the county in which a major portion of the petitioners reside,
that the identified portion of the district be removed and excluded from the
district. If the county board of commissioners approves the petition, an
election shall be held in the entire district on the question of exclusion. A
majority of all the votes cast is necessary for a district to be removed and
excluded from a sanitary district. The county board of commissioners shall
notify the Commission who shall remove and exclude the portion of the district,
and redefine the limits accordingly. (1957, c. 1357,
s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)

§ 130A-72. Dissolution of certain sanitary districts.

Fifty-one percent (51%) or more of the resident freeholders
of a sanitary district which has no outstanding indebtedness may petition the
board of commissioners of the county in which all or the greater portion of the
resident freeholders of the district are located to dissolve the district. Upon
receipt of the petition, the county board of commissioners shall notify the
Department and the chairperson of the county board of commissioners of any
other county or counties in which any portion of the district lies, of the
receipt of the petition, and shall request that the Department hold a joint
public hearing with the county commissioners concerning the dissolution of the
district. The Secretary and the chairperson of the county board of
commissioners shall name a time and place within the district for the public
hearing. The county board of commissioners shall give prior notice of the
hearing by posting a notice at the courthouse door of the county or counties
and by publication in a newspaper or newspapers with circulation in the county
or counties at least once a week for four consecutive weeks. If all matters
pertaining to the dissolution of the sanitary district cannot be concluded at
the hearing, the hearing may be continued to a time and place determined by the
Department. If after the hearing, the Commission and the county board or boards
of commissioners deem it advisable to comply with the request of the petition,
the Commission shall adopt a resolution to dissolve the sanitary district. The
sanitary district board of the dissolved district is authorized to convey all
assets, including cash, to any county, municipality, or other governmental
unit, or to any public utility company operating or to be operated under the
authority of a certificate of public convenience and necessity granted by the
North Carolina Utilities Commission in return for the assumption of the
obligation to provide water and sewage services to the area served by the
district at the time of dissolution. (1943, c. 620;
1951, c. 178, s. 2; 1957, c. 1357, s. 1; 1967, c. 4, s. 1; 1973, c. 476, s.
128; 1983, c. 891, s. 2.)

§ 130A-73. Dissolution of sanitary districts having no
outstanding indebtedness and located wholly within or coterminous with
corporate limits of city or town.

When the boundaries of a sanitary district which has no
outstanding indebtedness are entirely located within or coterminous with the
corporate limits of a city or town, fifty-one percent (51%) or more of the
resident freeholders within the district may petition the board of
commissioners within the county in which all or the greater portion of the
resident freeholders of the district are located to dissolve the district. Upon
receipt of the petition, the board of commissioners shall notify the
Department, the chairperson of the board of commissioners of any other county
or counties in which any portion of the district lies and the governing body of
the city or town within which the district lies of the receipt of the petition,
and shall request that the Department hold a joint public hearing with the
board or boards of commissioners and the governing body of the city or town.
The Secretary, the chairperson of the board of commissioners of the county in
which all or the greater portion of the resident freeholders are located and
the presiding officer of the governing body of the city or town shall name a
time and place within the boundaries of the district and the city or town for
the public hearing. The county board of commissioners shall give notice of the
hearing by posting prior notice at the courthouse door of the county or
counties and also by publication in a newspaper or newspapers circulating in
the district at least once a week for four consecutive weeks. If all matters
pertaining to the dissolution of the sanitary district cannot be concluded at
the hearing, the hearing may be continued to a time and place determined by the
Department. If, after the hearing, the Commission, the county board or boards
of commissioners and the governing body of the city or town shall deem it
advisable to comply with the request of the petition, the Commission shall adopt
a resolution dissolving the district. All taxes levied by the sanitary district
which were levied prior to but which are collected after the dissolution shall
vest in the city or town. All property held, owned, controlled or used by the
sanitary district upon the dissolution or which may later be vested in the
sanitary district, and all judgments, liens, rights and causes of actions in
favor of the sanitary district shall vest in the city or town. At the
dissolution, taxes owed to the sanitary district shall be collected by the
city or town. (1963, c. 512, s. 1; 1973, c. 476, s.
128; 1983, c. 891, s. 2.)

§ 130A-73.1. Dissolution of sanitary districts having no
outstanding indebtedness and located wholly within or coterminous with
corporate limits of city or town.

(a) When the boundaries of a sanitary district that
(i) is located entirely within one county, (ii) has no outstanding
indebtedness, (iii) at the time of its creation was not located entirely within
or coterminous with the corporate limits of a city or town, (iv) has not
provided any water or sewer service for at least five years, (v) did not levy
any ad valorem tax in the current year, (vi) has been for at least five years
entirely located within or coterminous with the corporate limits of a city or
town, and (vii) at the time of the annexation of the area of the district by
that city or town, the city or town assumed all assets and liabilities of the
district, the board of that district by unanimous vote may petition the board
of commissioners of the county in which the district is located to dissolve the
district. Upon receipt of the petition, the board of commissioners shall notify
the Department and the governing body of the city or town within which the
district lies of the receipt of the petition. If the Commission, the county
board of commissioners, and the governing body of the city or town shall deem
it advisable to comply with the request of the petition, the Commission shall
adopt a resolution dissolving the district. All taxes levied by the sanitary
district that were levied prior to, but that are collected after, the
dissolution shall vest in the city or town. All property held, owned,
controlled, or used by the sanitary district upon the dissolution or that may
later be vested in the sanitary district, and all judgments, liens, rights, and
causes of actions in favor of the sanitary district shall vest in the city or
town. At the dissolution, taxes owed to the sanitary district shall be
collected by the city or town.

(b) The procedure for the dissolution of a sanitary
district set out in this section is an alternative to the procedure set out in
G.S. 130A-73 and any sanitary district to which both that section and this
section apply may be dissolved under either section. (1998-123,
s. 1.)

§ 130A-74. Validation of creation of districts.

All actions prior to June 6, 1961, taken by the county boards
of commissioners[,] by the State Board of Health, by any officer or by any
other agency, board or officer of the State in the formation and creation of
sanitary districts in the State, and the formation and creation, or the
attempted formation and creation of any sanitary districts are in all respects
validated. These sanitary districts are declared lawfully formed and created
and in all respects legal and valid sanitary districts. (1953, c. 596, s. 1; 1957, c. 1357, s. 1; 1961, c. 667, s.
1; 1983, c. 891, s. 2.)

§ 130A-75. Validation of extension of boundaries of
districts.

(a) All actions prior to April 1, 1957, taken by the
State Board of Health, a county board of commissioners, and a sanitary district
board for the purpose of extending the boundaries of a sanitary district where
the territory which was annexed contained no resident freeholders, and where
the owner or owners of the real property annexed requested of the sanitary
district board that the territory be annexed to the sanitary district, are
validated, notwithstanding any lack of power to perform these acts or
proceedings, and notwithstanding any defect or irregularity in the acts or proceedings.

(b) All actions and proceedings prior to April 1,
1979, taken by the State Board of Health, the Commission, a board of county
commissioners and a sanitary district board for the purpose of annexing
additional territory to a sanitary district or with respect to the annexation
are validated notwithstanding any lack of power to perform these acts or
proceedings or any defect or irregularity in any acts or proceedings; these
sanitary districts are lawfully extended to include this additional territory. (1959, c. 415, s. 2; 1975, c. 712, s. 1; 1979, 2nd Sess., c.
1079, s. 1; 1983, c. 891, s. 2.)

§ 130A-76. Validation of dissolution of districts.

All actions prior to January 1, 1981, taken by a county board
of commissioners, by the State Board of Health or Commission, by an officer or
by any other agency, board or officer of the State in the dissolution of a
sanitary district and the dissolution or attempted dissolution of a sanitary
district are validated. (1953, c. 596, s. 2; 1957, c.
1357, s. 1; 1981, c. 20, ss. 1, 2; 1983, c. 891, s. 2.)

§ 130A-77. Validation of bonds of districts.

All actions and proceedings prior to April 1, 1979, taken,
and all elections held in a sanitary district or in a district purporting to be
a legal sanitary district by virtue of the purported authority and acts of a
county board of commissioners, State Board of Health, Commission, or any other
board, officer or agency for the purpose of authorizing, selling or issuing the
bonds of the sanitary district, and all bonds at any time issued by or on
behalf of a sanitary district, are in all respects validated. These bonds are
declared to be the legal and binding obligations of the sanitary district. (1953, c. 596, s. 3; 1957, c. 1357, s. 1; 1979, 2nd Sess.,
c. 1079, s. 2; 1983, c. 891, s. 2.)

§ 130A-78. Tax levy for validated bonds.

Sanitary districts are authorized to make appropriations and
to levy annually a tax on property having a situs in the district under the
rules and according to the procedure prescribed in the Machinery Act for the
purpose of paying the principal of and interest on bonds validated in G.S. 130A-77.
The tax shall be sufficient for this purpose and shall be in addition to all
other taxes which may be levied upon the taxable property in the sanitary
district. (1945, c. 89, s. 3; 1957, c. 1357, s. 1;
1973, c. 803, s. 17; 1983, c. 891, s. 2.)

§ 130A-79. Validation of appointment or election of members
of district boards.

(a) All actions and proceedings prior to June 6, 1961,
taken in the appointment or election of members of a sanitary district board
are validated. Members of these boards shall have all the powers and may perform
all the duties required or permitted of them to be pursuant to this Part.

(b) All actions and proceedings prior to May 1, 1959,
taken in the appointment or election of members of a sanitary district board
and the appointment or election of members are validated. Members of these
boards shall have all the powers and may perform all the duties required or
permitted of them pursuant to the provisions of this Part. (1953, c. 596, s. 4; 1957, c. 1357, s. 1; 1959, c. 415, s.
1; 1961, c. 667, s. 2; 1983, c. 891, s. 2.)

§ 130A-80. Merger of district with contiguous city or town;
election.

A sanitary district may merge with a contiguous city or town
in the following manner:

(1) The sanitary district board and the governing board
of the city or town may resolve that it is advisable to call an election within
both the sanitary district and the city or town to determine if the sanitary
district and the city or town should merge;

(2) If the sanitary district board and the governing
board of the city or town resolve that it is advisable to call for an election,
both boards shall adopt a resolution requesting the board of commissioners in
the county or counties in which the district and the town or city or any
portion is located to hold an election on a date named by the sanitary district
board and the governing board of the city or town after consultation with the
appropriate board or boards of elections. The election shall be held within the
sanitary district and the city or town on the question of merger;

(3) The county board or boards of commissioners shall
request the appropriate board or boards of elections to hold and conduct the
election. All voters of the city or town and the sanitary district shall be
eligible to vote if the election is called in both areas as authorized in
subsection (1);

(4) Notice of the election shall be given as required
in G.S. 163-33(8). The board or boards of elections may use either method of
registration set out in G.S. 163-288.2;

(5) If an election is called as provided in subsection
(2), the board or boards of elections shall provide ballots for the election in
substantially the following form:

"[ ] FOR merger of the Town of . . . . . . . . . . . .
and the . . . . . . . . . Sanitary District, if a majority of the registered
voters of both the Sanitary District and the Town vote in favor of merger, the
combined territories to be known as the Town of . . . . . . . . . . . . and to
assume all of the obligations of the Sanitary District and to receive from the
Sanitary District all the property rights of the District; from and after
merger residents of the District would enjoy all of the benefits of the
municipality and would assume their proportionate share of the obligations of
the Town as merged.

[ ] AGAINST merger."

(6) A majority of all the votes cast by voters of the
sanitary district and a majority of all the votes cast by voters of the city or
town is necessary for the merger of a sanitary district with the city or town.
The merger shall be effective on July 1 following the election. If a majority
of the votes cast in either the sanitary district or the city or town vote
against the merger, any election on similar propositions of merger may not
occur until one year from the date of the last election.

(7) Upon the merger of a sanitary district and a city
or town pursuant to this section, the city or town shall assume all obligations
of the sanitary district and the sanitary district shall convey all property
rights to the city or town. The vote for merger shall include a vote for the city
or town to assume the obligations of the district. The sanitary district shall
cease to exist as a political subdivision from and after the effective date of
the merger. After the merger, the residents of the sanitary district enjoy all
of the benefits of the municipality and shall assume their share of the
obligations of the city or town. All taxes levied and collected by the city or
town from and after the effective date of the merger shall be levied and
collected uniformly in all the territory included in the enlarged municipality;
and

(8) If merger is approved, the governing board of the
city or town shall determine the proportion of the district's indebtedness, if
any, which was incurred for the construction of water systems and the
proportion which was incurred for construction of sewage disposal systems. The
governing board shall send a certified copy of the determination to the local
government commission in order that the Commission and the governing body of
the merged municipality can determine the net debt of the merged municipality
as required by G.S. 159-55. (1961, c. 866; 1981, c.
186, s. 7; 1983, c. 891, s. 2; 1987, c. 314, s. 1.)

§ 130A-80.1. Merger of district with coterminous city or
town; election.

A sanitary district may merge with a coterminous city or town
in the following manner:

(1) The sanitary district board and the governing board
of the city or town may resolve that it is advisable to call an election within
the area of the sanitary district and the city or town to determine if the
sanitary district and the city or town should merge;

(2) If the sanitary district board and the governing
board of the city or town resolve that it is advisable to call for an election,
both boards shall adopt a resolution requesting the board of commissioners in
the county or counties in which the district and the town or city or any
portion is located to hold an election on a date named by the sanitary district
board and the governing board of the city or town after consultation with the
appropriate board or boards of elections. The election shall be held within the
sanitary district and the city or town on the question of merger;

(3) The county board or boards of commissioners shall
request the appropriate board or boards of elections to hold and conduct the
election. All voters of the city or town and the sanitary district shall be
eligible to vote;

(4) Notice of the election shall be given as required
in G.S. 163-33(8);

(5) The board or boards of elections shall provide
ballots for the election in substantially the following form:

"[] FOR merger of the Town of . . . . . . . .
. . and the . . . . . . . . . Sanitary District, if a majority of the
registered voters vote in favor of merger, the area to be known as the Town of
. . . . . . . . . . . and to assume all of the obligations of the Sanitary
District and to receive from the Sanitary District all the property rights of
the District.

[] AGAINST merger."

(6) A majority of all the votes cast is necessary for
the merger of a sanitary district with the city or town. The merger shall be
effective on July 1 following the election. If a majority of the votes cast is
not in favor of the merger, an election on merger may not occur until one year
from the date of the last election.

(7) Upon the merger of a sanitary district and a city
or town pursuant to this section, the city or town shall assume all obligations
of the sanitary district and the sanitary district shall convey all property
rights to the city or town. The vote for merger shall include a vote for the
city or town to assume the obligations of the district. The sanitary district
shall cease to exist as a political subdivision from and after the effective
date of the merger; and

(8) If merger is approved, the governing board of the
city or town shall determine the proportion of the district's indebtedness, if
any, which was incurred for the construction of water systems and the
proportion which was incurred for construction of sewage disposal systems. The
governing board shall send a certified copy of the determination to the Local
Government Commission in order that the Commission and the governing body of
the merged municipality can determine the net debt of the merged municipality
as required by G.S. 159-55. (1989, c. 194, s. 1.)

§ 130A-80.2. Merger of district with noncoterminous city or
town it is contained wholly within; election.

A sanitary district may merge with a city or town which it is
contained wholly within, but where the sanitary district and the city or town
do not have coterminous boundaries, in the following manner:

(1) The sanitary district board and the governing board
of the city or town may resolve that it is advisable to call an election within
both the sanitary district and the city or town to determine if the sanitary
district and the city or town should merge;

(2) If the sanitary district board and the governing
board of the city or town resolve that it is advisable to call for an election,
both boards shall adopt a resolution requesting the board of commissioners in
the county or counties in which the district and the town or city or any
portion is located to hold an election on a date named by the sanitary district
board and the governing board of the city or town after consultation with the
appropriate board or boards of elections. The election shall be held within the
sanitary district and the city or town on the question of merger;

(3) The county board or boards of commissioners shall
request the appropriate board or boards of elections to hold and conduct the
election. All voters of the city or town and the sanitary district shall be
eligible to vote if the election is called in both areas as authorized in
subdivision (1);

(4) Notice of the election shall be given as required
in G.S. 163-33(8). The board or boards of elections may use either method of
registration set out in G.S. 163-288.2;

(5) If an election is called as provided in subsection
(2), the board or boards of elections shall provide ballots for the election in
substantially the following form:

"[] FOR merger of the Town of . . . . . . . . .
and the . . . . . . . . Sanitary District, if a majority of the registered
voters of both the Sanitary District and the Town vote in favor of merger, the
combined territories to be known as the Town of . . . . . . . . . . . . and to
assume all of the obligations of the Sanitary District and to receive from the
Sanitary District all the property rights of the District; from and after
merger residents of the District would enjoy all of the benefits of the
municipality and would assume their proportionate share of the obligations of
the Town as merged.

[] AGAINST merger."

(6) A majority of all the votes cast by voters of the
sanitary district and a majority of all the votes cast by voters of the city or
town is necessary for the merger of a sanitary district with the city or town.
The merger shall be effective on July 1 following the election. If a majority
of the votes cast in either the sanitary district or the city or town vote
against the merger, any election on similar propositions of merger may not
occur until one year from the date of the last election.

(7) Upon the merger of a sanitary district and a city
or town pursuant to this section, the city or town shall assume all obligations
of the sanitary district and the sanitary district shall convey all property
rights to the city or town. The vote for merger shall include a vote for the
city or town to assume the obligations of the district. The sanitary district
shall cease to exist as a political subdivision from and after the effective
date of the merger. After the merger, the residents of the sanitary district
enjoy all of the benefits of the municipality and shall assume their share of
the obligations of the city or town. All taxes levied and collected by the city
or town from and after the effective date of the merger shall be levied and
collected uniformly in all the territory included in the enlarged municipality;
and

(8) If merger is approved, the governing board of the
city or town shall determine the proportion of the district's indebtedness, if
any, which was incurred for the construction of water systems and the
proportion which was incurred for construction of sewage disposal systems. The
governing board shall send a certified copy of the determination to the Local
Government Commission in order that the Commission and the governing body of
the merged municipality can determine the net debt of the merged municipality
as required by G.S. 159-55. (1989, c. 194, s. 2.)

§ 130A-80.3. Merger of district with contiguous metropolitan
water district.

(a) A sanitary district may merge with a contiguous,
but not coterminous, metropolitan water district organized under Article 4 of
Chapter 162A of the General Statutes in the following manner, but only if the
metropolitan water district has no outstanding indebtedness:

(1) The sanitary district board and the district board
of the metropolitan water district shall resolve that it is advisable for the
sanitary district and the metropolitan water district should merge;

(2) If the sanitary district board and the district
board of the metropolitan water district resolve that it is advisable to merge,
they shall call a public hearing on the merger. Each of such boards shall hold
a public hearing on the question of merger, and advertisement of the public
hearing shall be published at least 10 days before the public hearing;

(3) After the public hearing, if the sanitary district
board and the district board of the metropolitan water district by resolution
approve the merger, the merger shall be effective on July 1 following the
adoption of the resolution;

(4) Upon the merger of a sanitary district and a
metropolitan water district pursuant to this section, the sanitary district
shall assume all obligations of the metropolitan water district, and the
metropolitan water district shall convey all property rights to the sanitary
district. The metropolitan water district shall cease to exist as a political
subdivision from and after the effective date of the merger. After the merger,
the residents of the metropolitan water district enjoy all of the benefits of
the sanitary district and shall assume their share of the obligations of the
sanitary district. All taxes levied and collected by the sanitary district from
and after the effective date of the merger shall be levied and collected
uniformly in all the territory included in the enlarged sanitary district; and

(5) Certified copies of the merger resolutions shall be
filed with the Commission for Public Health.

(b) At the same time as approving the resolution of
merger, the district board of the metropolitan water district shall designate
by resolution two of its members to serve on an expanded sanitary district
board from and after the date of the merger.

(c) If the sanitary district board serves staggered
four-year terms, the resolution shall designate one of those two persons to
serve until the organizational meeting after the next election of a sanitary
district board, and the other to serve until the organizational meeting after
the second succeeding election of a sanitary district board. Successors shall
be elected by the qualified voters of the sanitary district for four-year
terms.

(d) If the sanitary district board serves nonstaggered
four-year terms, or serves two-year terms, the two persons shall serve until
the organizational meeting after the next election of a sanitary district
board. Successors shall be elected by the qualified voters of the sanitary
district for terms of the same length as other sanitary district board members.

(e) When a sanitary district and metropolitan water
district are merged under this section, the sanitary district board may change
the name of the sanitary district. Notice of such name change shall be filed
with the Commission for Public Health. (1989, c. 194,
s. 3; 2007-182, s. 2.)

§ 130A-81. Incorporation of municipality and simultaneous
dissolution of sanitary district, with transfer of assets and liabilities from
the district to the municipality.

The General Assembly may incorporate a municipality, which
includes within its boundaries or is coterminous with a sanitary district and
provide for the simultaneous dissolution of the sanitary district and the
transfer of the district's assets and liabilities to the municipality, in the
following manner:

(1) The incorporation act shall define the boundaries
of the proposed municipality; shall set the date for and provide for a
referendum on the incorporation of the proposed municipality and dissolution of
the sanitary district; shall provide for registration of voters in the area of
the proposed municipality in accordance with G.S. 163-288.2; shall set a
proposed effective date for the incorporation of the municipality and the
dissolution of the sanitary district; shall establish the form of government
for the proposed municipality and the composition of its governing board, and
provide for transitional arrangements for the sanitary district to the
municipality; and may include any other matter appropriate to a municipal
charter.

(1a) As an alternate to subdivision (1) of this section,
the incorporation act shall define the boundaries of the proposed municipality;
shall provide that the incorporation is not subject to referendum; shall set a
proposed effective date for the incorporation of the municipality and the
dissolution of the sanitary district; shall establish the form of government
for the proposed municipality and the composition of its governing board, and
provide for transitional arrangements for the sanitary district to the
municipality, and may include any other matter appropriate to a municipal
charter. If this subdivision is followed instead of subdivision (1), then the
municipality shall be incorporated and the sanitary district simultaneously
dissolved at 12 noon on the date set for incorporation in the incorporation
act, and the provisions of paragraphs a through g of subdivision (5) of this
section shall apply.

(2) The referendum shall be conducted by the board of
elections of the county in which the proposed municipality is located. If the
proposed municipality is located in more than one county, the board of
elections of the county which has the greatest number of residents of the
proposed municipality shall conduct the referendum. The board of election shall
conduct the referendum in accordance with this section and the provisions of
the incorporation act.

(3) The form of the ballot for a referendum under this
section shall be substantially as follows:

"[] FOR incorporation of the Town (City) of . . . . . . .
. . . and the simultaneous dissolution of the . . . . . . . . . . Sanitary
District, with transfer of the District's assets and liabilities to the Town
(City), and assumption of the District's indebtedness by the Town (City).

[] AGAINST incorporation of the Town (City) of . . . . . . .
. . . and the simultaneous dissolution of the . . . . . . . . . . Sanitary
District, with transfer of the District's assets and liabilities, to the Town
(City), and assumption of the District's indebtedness by the Town (City)."

(4) If a majority of those voting in the referendum
vote in favor of incorporating the proposed municipality and dissolving the
sanitary district, the board of elections shall notify the Department and the
Local Government Commission of the date on which the municipality will be
incorporated and the sanitary district dissolved and shall state that all
assets and liabilities of the sanitary district will be transferred to the
municipality and that the municipality will assume the district's indebtedness.

(5) If a majority of those voting in the referendum
vote in favor of incorporating the proposed municipality and dissolving the
sanitary district, the municipality shall be incorporated and the sanitary
district shall be simultaneously dissolved at 12 noon on the date set for
incorporation in the incorporation act. At that time:

a. The sanitary district shall cease to exist as a
body politic and corporate;

b. All property, real, personal and mixed, belonging
to the sanitary district vests in and is the property of the municipality;

c. All judgments, liens, rights and courses of action
in favor of the sanitary district vest in favor of the municipality;

d. All rentals, taxes, assessments and other funds,
charges or fees owed to the sanitary district are owed to and may be collected
by the municipality;

e. Any action, suit, or proceeding pending against, or
instituted by the sanitary district shall not be abated by its dissolution, but
shall be continued and completed in the same manner as if dissolution had not
occurred. The municipality shall be a party to these actions, suits and
proceedings in the place of the sanitary district and shall pay any judgment
rendered against the sanitary district in any of these actions or proceedings.
No new process need be served in any of the actions, suits or proceedings;

f. All obligations of the sanitary district,
including outstanding indebtedness, are assumed by the municipality, and all
the obligations and outstanding indebtedness are constituted obligations and
indebtedness of the municipality. The full faith and credit of the municipality
is deemed to be pledged for the payment of the principal of and interest on all
general obligation bonds and bond anticipation notes of the sanitary district,
and all the taxable property within the municipality shall remain subject to
taxation for these payments; and

g. All rules of the sanitary district shall continue
in effect until repealed or amended by the governing body of the municipality.

(6) The transition between the sanitary district and
the municipality shall be provided for in the incorporation act of the
municipality. (1971, c. 737, 1973, c. 476, s. 128;
1983, c. 891, s. 2; 1985, c. 375.)

§ 130A-82. Dissolution of sanitary districts; referendum.

(a) A county board of commissioners in counties having
a population in excess of 275,000 may dissolve a sanitary district by holding a
referendum on the questions of dissolution and assumption by the county of any
outstanding indebtedness of the district. The county board of commissioners may
dissolve a sanitary district which has no outstanding indebtedness when the
members of the district shall vote in favor of dissolution.

(b) Before the dissolution of any district shall be
approved, a plan for continued operation and provision of all services and
functions being performed or rendered by the district shall be adopted and
approved by the board of county commissioners.

(c) No plan shall be adopted unless at the time of its
adoption any water system or sanitary sewer system being operated by the
district is in compliance with all local, State and federal rules and
regulations, and if the system is to be serviced by a municipality, the
municipality shall first approve the plan.

(d) When all actions relating to dissolution of the
sanitary district have been completed, the chairperson of the county board of
commissioners shall notify the Department. (1973, c.
476, s. 128; c. 951; 1983, c. 891, s. 2.)

§ 130A-83. Merger of two contiguous sanitary districts.

Two contiguous sanitary districts may merge in the following
manner:

(1) The sanitary district board of each sanitary
district must first adopt a common proposed plan of merger. The plan shall
contain the name of the new or successor sanitary district, designate the
members of the merging boards who shall serve as the interim sanitary district
board for the new or successor district until the next election required by
G.S. 130A-50(b) and 163-279, and any other matters necessary to complete the
merger.

(2) The merger may become effective only if approved by
the voters of the two sanitary districts. In order to call an election, both
boards shall adopt a resolution calling upon the board of county commissioners
in the county or counties in which the districts are located to call for an
election on a date named by the sanitary district boards after consultation
with the appropriate boards of election. The board or boards of commissioners
shall hold an election on the proposed merger of the sanitary districts.

(3) The county board or boards of commissioners shall
request the appropriate board of elections to hold and conduct the elections.
All voters of the two sanitary districts shall be eligible to vote.

(4) Notice of the elections shall be given as required
in G.S. 163-33(8). The board of elections may use the method of registration
set out in G.S. 163-288.2.

(5) If an election is called as provided in subsection
(2), the board or boards of elections shall provide ballots for the election in
substantially the following form:

"[] FOR the merger of the . . . . . . . . . . . .
Sanitary District and the. . . . . . . . Sanitary District into a single
district to be known as the . . . . . . . . Sanitary District, in which all the
property, assets, liabilities, obligations, and indebtedness of the two
districts become the property, assets, liabilities, obligations, and
indebtedness of the . . . . . . . . Sanitary District.

[] AGAINST the merger of the . . . . . . . . Sanitary District
and the. . . . . . . . Sanitary District into a single district to be known as
the . . . . . . . . Sanitary District, in which all the property, assets,
liabilities, obligations, and indebtedness of the two districts become the
property, assets, liabilities, obligations, and indebtedness of the . . . . . .
. . Sanitary District."

(6) If a majority of all the votes cast in each
sanitary district vote in favor of the merger, the two sanitary districts shall
be merged on July 1 following the election. Should the majority of the votes
cast in either sanitary district be against the proposition, the sanitary
districts shall not be merged. If a majority of the votes cast in either
sanitary district are against the merger, any election on similar propositions
of merger may not occur until one year from the date of the last election.

(7) Upon the merger of two sanitary districts pursuant
to this section and the creation of a new district, the merger becomes
effective at 12 noon on the following July 1. At that time:

a. The two sanitary districts shall cease to exist as
bodies politic and corporate, and the new sanitary district exists as a body
politic and corporate.

b. All property, real, personal and mixed, belonging
to the sanitary districts vests in and is the property of the new sanitary
district.

c. All judgments, liens, rights of liens and causes of
action in favor of either sanitary district vest in the new sanitary district.

d. All rentals, taxes, assessments and other funds,
charges or fees owed to either of the sanitary districts are owed to and may be
collected by the new sanitary district.

e. Any action, suit, or proceeding pending against, or
having been instituted by, either of the sanitary districts shall not be abated
by its dissolution, but shall be continued and completed in the same manner as
if dissolution had not occurred. The new sanitary district shall be a party to
all these actions, suits and proceedings in the place of the dissolved sanitary
district and shall pay any judgment rendered against either of the sanitary
districts in any of these actions or proceedings. No new process need be served
in any of the actions, suits or proceedings.

f. All obligations of either of the sanitary
districts, including any outstanding indebtedness, are assumed by the new sanitary
district and all the obligations and outstanding indebtedness are constituted
obligations and indebtedness of the new sanitary district. The full faith and
credit of the new sanitary district is deemed to be pledged for the punctual
payment of the principal of and interest on all general obligation bonds and
bond anticipation notes of either of the sanitary districts, and all the
taxable property within the new sanitary district shall remain subject to
taxation for these payments.

g. All rules of either of the sanitary districts shall
continue in effect until repealed or amended by the governing body of the new
sanitary district.

(8) Upon the merger of two sanitary districts pursuant
to this section when one district is to be dissolved and the other district is
to be a successor covering the territory of both, the merger becomes effective
at 12 noon on the following July 1. At that time:

a. One sanitary district shall cease to exist as a
body politic and corporate, and the successor sanitary district continues to
exist as a body politic and corporate.

b. All property, real, personal and mixed, belonging
to the sanitary districts vests in, and is the property of the successor
sanitary district.

c. All judgments, liens, rights of liens and causes of
action in favor of either sanitary district vest in the successor sanitary
district.

d. All rentals, taxes, assessments and other funds,
charges or fees owed either of the sanitary districts are owed to and may be
collected by the successor sanitary district.

e. Any action, suit, or proceeding pending against, or
instituted by either of the sanitary districts shall not be abated by its
dissolution, but shall be continued and completed in the same manner as if
dissolution had not occurred. The successor sanitary district shall be a party
to all these actions, suits and proceedings in the place of the dissolved
sanitary district and shall pay any judgment rendered against the sanitary
district in any of these actions or proceedings. No new process need be served in
any of the actions, suits or proceedings.

f. All obligations of either of the sanitary
districts, including any outstanding indebtedness, are assumed by the successor
sanitary district and all the obligations and outstanding indebtedness are
constituted obligations and indebtedness of the successor sanitary district.
The full faith and credit of the successor sanitary district is deemed to be
pledged for the punctual payment of the principal of and interest on all
general obligation bonds and bond anticipation notes of either of the sanitary
districts, and all the taxable property within the successor sanitary district
shall be and remain subject to taxation for these payments.

g. All rules of either of the sanitary districts shall
continue in effect until repealed or amended by the governing body of the
successor sanitary district. (1981, c. 951; 1983, c.
891, s. 2; 1987, c. 314, s. 2.)

§ 130A-84. Withdrawal of water.

A sanitary district is empowered to engage in litigation or
to join with other parties in litigation opposing the withdrawal of water from
a river or other water supply. (1983, c. 891, s. 2.)

§ 130A-85. Further dissolution procedures.

(a) The County Board of Commissioners may dissolve a
Sanitary District located entirely within one county upon the following
conditions:

(1) There are 500 or less resident freeholders residing
within the District;

(2) The District has no outstanding bonded
indebtedness;

(3) The Board of Commissioners agrees to assume and pay
any other outstanding legal indebtedness of the District;

(4) The Board of Commissioners adopts a plan providing
for continued operation and provision of all services previously being
performed or rendered to the District. No plan shall be adopted unless at the
time of its adoption any water and sewer or sanitary system being operated by
the District is in compliance with all local, State, and federal rules and
regulations; and

(5) The Board of Commissioners adopts a resolution
finding that the interest of the citizens of the Sanitary District and the
county will be best served if the operation and the services provided by the
District were provided for by the Board of Commissioners.

(a1) The County Board of Commissioners may dissolve a
Sanitary District located entirely within one county and for which no District
Board members have been elected within eight years preceding dissolution, upon
the following conditions:

(1) The District has no outstanding legal indebtedness;

(2) The Board of Commissioners adopts a plan providing
for continued operation and provision of all services, if any, previously being
performed or rendered to the District. No plan shall be adopted unless at the
time of its adoption any water and sewer or sanitary system being operated by
the District is in compliance with all local, State, and federal rules and
regulations; and

(3) The Board of Commissioners adopts a resolution
finding that the interest of the citizens of the Sanitary District and the
county will be best served if the operation and the services provided by the
District are provided for by the Board of Commissioners.

When all actions relating to dissolution of the sanitary
district have been completed, the chairperson of the County Board of
Commissioners shall notify the Department.

(b) Prior to taking action to dissolve a Sanitary
District, the Board of Commissioners shall hold a public hearing concerning
dissolution of the District. The County Board of Commissioners shall give
notice of the hearing by publication of notice thereof in a newspaper or
newspapers with general circulation in the county, once per week for three
consecutive weeks. If, after the hearing, the Board of Commissioners deems it
advisable to dissolve the District, they shall thereafter adopt the resolution
and plan provided for herein.

During the period commencing with the first publication of
notice of the public hearing as herein provided, and for a period of 60 days
following the public hearing, the Board of Commissioners of the District may
not enter into any contracts, incur any indebtedness or pledge, or encumber any
of the District's assets except in the ordinary course of business.

(c) Upon adoption of the resolution provided for
herein, all property, real, personal, and mixed, belonging to the District
vests in and becomes the property of the county; all judgments, liens, rights
of liens and causes of action in favor of the District vests in the county; and
all rentals, taxes and assessments and other funds, charges or fees owed to the
District may be collected by the county.

(d) Following dissolution of the District, the county
may operate, maintain, and extend the services previously provided for by the
District either:

(1) As a part of county government; or

(2) As a service district created on or after January
1, 1987, under Article 16 of Chapter 153A of the General Statutes to serve at
least the area of the Sanitary District.

In lieu thereof, the services may be provided by any
authority or district created after January 1, 1987, under this Article, or
Articles 1, 4, 5 or 6 of Chapter 162A of the General Statutes to serve at least
the area of the District. In such case, the county may convey the property,
including all judgments, liens, rights of liens, causes of action, rentals,
taxes and assessments mentioned in subsection (c) of this section, to that
authority or District. (1987, c. 521; 1991, c. 417.)

§ 130A-86. Reserved for future codification purposes.

§ 130A-87. Reserved for future codification purposes.

Article 3.

State Laboratory of Public Health.

§ 130A-88. Laboratory established.

(a) A State Laboratory of Public Health is established
within the Department. The Department is authorized to make examinations, and
provide consultation and technical assistance as the public health may require.

(a) The State Registrar shall secure and maintain all
vital records required under this Article and shall do all things necessary to
carry out its provisions. The State Registrar shall:

(1) Examine vital records received from local
registrars to determine if these records are complete and satisfactory, and
require the provision of information necessary to make the records complete and
satisfactory;

(2) Permanently preserve the information from the vital
records in a systematic manner in adequate fireproof space which shall be
provided in a State building by the Department of Administration, and maintain
a comprehensive and continuous index of all vital records;

(3) Prepare and supply or approve all forms used in
carrying out the provisions of this Article;

(4) Appoint local registrars as required by G.S. 130A-95
and exercise supervisory authority over local registrars, deputy local
registrars and sub-registrars;

(5) Enforce the provisions of this Article, investigate
cases of irregularity or violations and report violations to law-enforcement
officials for prosecution under G.S. 130A-26;

(6) Conduct studies and research and recommend to the
General Assembly any additional legislation necessary to carry out the purposes
of this Article; and

(7) Adopt rules necessary to carry out the provisions
of this Article.

(b) The State Registrar may retain payments made in
excess of the fees established by this Article if the overpayment is in the
amount of three dollars ($3.00) or less and the payor does not request a refund
of the overpayment. The State Registrar is not required to notify the payor of
any overpayment of three dollars ($3.00) or less. (1913,
c. 109, s. 1; C.S., s. 7086; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1971, c.
444, s. 3; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1985, c. 366; 1993, c.
146, s. 2.)

§ 130A-93. Access to vital records; copies.

(a) Only the State Registrar shall have access to
original vital records and to indices to the original vital records. County
offices authorized to issue certificates and the North Carolina State Archives
also shall have access to indices to these original vital records, when
specifically authorized by the State Registrar.

(b) The following birth data, in any form and on any
medium, in the possession of the Department, local health departments, or local
register of deeds offices shall not be public records pursuant to Chapter 132
of the General Statutes: the names of children and parents, the addresses of
parents (other than county of residence and postal code), and the social
security numbers of parents. Access to copies and abstracts of these data shall
be provided in accordance with G.S. 130A-99, Chapter 161 of the General
Statutes, and this section. All other birth data shall be public records
pursuant to Chapter 132 of the General Statutes. All birth records and data are
State property and shall be managed only in accordance with official
disposition instructions prepared by the Department of Natural and Cultural
Resources. The application of this Chapter is subject to the provisions of
Article 1 of Chapter 121 of the General Statutes, the North Carolina Archives
and History Act. The State Registrar and other officials authorized to issue
certified copies of vital records shall provide copies or abstracts of vital
records, except those described in subsections (d), (e), (f) and (g) of this
section, to any person upon request.

(c) The State Registrar and other officials authorized
to issue certified copies of vital records shall provide certified copies of
vital records, except those described in subsections (d), (e), (f), and (g) of
this section, only to the following:

(1) A person requesting a copy of the person's own
vital records or that of the person's spouse, sibling, direct ancestor or
descendant, or stepparent or stepchild;

(2) A person seeking information for a legal
determination of personal or property rights; or

(3) An authorized agent, attorney or legal
representative of a person described above.

(c1) A funeral director or funeral service licensee
shall be entitled upon request to a certified copy of a death certificate.

(c2) An agency acting as a confidential intermediary in
accordance with G.S. 48-9-104 shall be entitled to a certified copy of a death
certificate upon request.

(d) Copies, certified copies or abstracts of birth
certificates of adopted persons shall be provided in accordance with G.S. 48-9-107.

(e) Copies or abstracts of the health and medical
information contained on birth certificates shall be provided only to a person
requesting a copy of the health and medical information contained on the
person's own birth certificate, a person authorized by that person, or a person
who will use the information for medical research purposes. Copies of or abstracts
from any computer or microform database which contains individual-specific
health or medical birth data, whether the database is maintained by the
Department, a local health department, or any other public official, shall be
provided only to an individual requesting his or her own data, a person
authorized by that individual, or a person who will use the information for
medical research purposes. The State Registrar shall adopt rules providing for
the use of this information for medical research purposes. The rules shall, at
a minimum, require a written description of the proposed use of the data,
including protocols for protecting confidentiality of the data.

(f) Copies, certified copies or abstracts of new birth
certificates issued to persons in the federal witness protection program shall
be provided only to a person requesting a copy of the person's own birth
certificate and that person's supervising federal marshall.

(g) No copies, certified copies or abstracts of vital
records shall be provided to a person purporting to request copies, certified
copies or abstracts of that person's own vital records upon determination that
the person whose vital records are being requested is deceased.

(h) A certified copy issued under the provisions of
this section shall have the same evidentiary value as the original and shall be
prima facie evidence of the facts stated in the document. The State Registrar
may appoint agents who shall have the authority to issue certified copies under
a facsimile signature of the State Registrar. These copies shall have the same
evidentiary value as those issued by the State Registrar.

(i) Fees for issuing any copy of a vital record or
for conducting a search of the files when no copy is made shall be as
established in G.S. 130A-93.1 and G.S. 161-10.

(a) The State Registrar shall collect, process, and
utilize fees for services as follows:

(1) A fee not to exceed twenty-four dollars ($24.00)
shall be charged for issuing a first copy of a vital record or for conducting a
routine search of the files for the record when no copy is made. A fee of
fifteen dollars ($15.00) shall be charged for each additional certificate copy
requested from the same search. When certificates are issued or searches
conducted for statewide issuance by local agencies using databases maintained
by the State Registrar, the local agency shall charge and forward to the State
Registrar for the purposes established in subsection (b) of this section
fourteen dollars ($14.00) and shall charge and retain ten dollars ($10.00) if a
copy of the record is made. Provided, however, that a local agency may waive
the ten dollar ($10.00) charge for its retention when the copy is issued to a
person over the age of 62 years.

(2) A fee not to exceed fifteen dollars ($15.00) for in-State
requests and not to exceed twenty dollars ($20.00) for out-of-state requests
shall be charged in addition to the fee charged under subdivision (1) of this
subsection and to all shipping and commercial charges when expedited service is
specifically requested.

(2a) The fee for a copy of a computer or microform
database shall not exceed the cost to the agency of making and providing the
copy.

(3) Except as provided in subsection (b) of this
section, fees collected under this subsection shall be used by the Department
for public health purposes.

(b) The Vital Records Automation Account is
established as a nonreverting account within the Department. Five dollars
($5.00) of each fee collected pursuant to subdivision (a)(1) shall be credited
to this Account. The Department shall use the revenue in the Account to fully
automate and maintain the vital records system. When funds sufficient to fully
automate and maintain the system have accumulated in the Account, fees shall no
longer be credited to the Account but shall be used as specified in subdivision
(a)(3) of this section.

(c) Upon verification of voter registration, the State
Registrar shall not charge any fee under subsection (a) of this section to a
registered voter who signs a declaration stating the registered voter is
registered to vote in this State and does not have a certified copy of that
registered voter's birth certificate or marriage license necessary to obtain
photo identification acceptable under G.S. 163-166.13. Any declaration shall
prominently include the penalty under G.S. 163-275(13) for falsely or
fraudulently making the declaration. (1991, c. 343,
s. 2; 1991 (Reg. Sess., 1992), c. 1039, s. 5; 1997-242, s. 2; 2002-126, s.
29A.18(a); 2009-451, s. 10.22; 2012-18, s. 2.1; 2013-381, s. 3.2.)

§ 130A-94. Local registrar.

The local health director shall serve, ex officio, as the
local registrar of each county within the jurisdiction of the local health
department. (1983, c. 891, s. 2.)

(a) Each local registrar shall immediately upon
appointment, appoint a deputy whose duty shall be to assist the local registrar
and to act as local registrar in case of absence, illness, disability or
removal of the local registrar. The deputy shall be designated in writing and
be subject to all rules and statutes governing local registrars. The local
registrar shall direct, control and supervise the activities of the deputy
registrar and may remove a deputy registrar for cause.

(b) The local registrar may, when necessary and with
the approval of the State Registrar, appoint one or more persons to act as sub-registrars.
Sub-registrars shall be authorized to receive certificates and issue burial-transit
permits in and for designated portions of the county. Each sub-registrar shall
enter the date the certificate was received and shall forward all certificates
to the local registrar within three days.

(1) Administer and enforce provisions of this Article
and the rules, and immediately report any violation to the State Registrar;

(2) Furnish certificate forms and instructions supplied
by the State Registrar to persons who require them;

(3) Examine each certificate when submitted to
determine if it has been completed in accordance with the provisions of this
Article and the rules. If a certificate is incomplete or unsatisfactory, the
responsible person shall be notified and required to furnish the necessary
information. All birth and death certificates shall be typed or written legibly
in permanent black, blue-black, or blue ink;

(4) Enter the date on which a certificate is received
and sign as local registrar;

(5) Transmit to the register of deeds of the county a
copy of each certificate registered within seven days of receipt of a birth or
death certificate. The copy transmitted shall include the race of the father
and mother if that information is contained on the State copy of the certificate
of live birth. Copies transmitted may be on blanks furnished by the State
Registrar or may be photocopies made in a manner approved by the register of
deeds. The local registrar may also keep a copy of each certificate for no more
than two years;

(6) On the fifth day of each month or more often, if
requested, send to the State Registrar all original certificates registered
during the preceding month; and

§ 130A-99. Register of deeds to preserve copies of birth and
death records.

(a) The register of deeds of each county shall file
and preserve the copies of birth and death certificates furnished by the local
registrar under the provisions of G.S. 130A-97, and shall make and keep a
proper index of the certificates. These certificates shall be open to
inspection and examination. Copies or abstracts of these certificates shall be
provided to any person upon request. Certified copies of these certificates
shall be provided only to those persons described in G.S. 130A-93(c).

(b) The register of deeds may remove from the records
and destroy copies of birth or death certificates for persons born or dying in
counties other than the county in which the office of the register of deeds is
located, only after confirming that copies of the birth or death certificates
removed and destroyed are maintained by the State Registrar or North Carolina
State Archives. (1957, c. 1357, s. 1; 1969, c. 80, s.
3; c. 1031, s. 1; 1983, c. 891, s. 2; 1997-309, s. 11.)

§ 130A-100. Register of deeds may perform notarial acts.

(a) The register of deeds is authorized to take
acknowledgments, administer oaths and affirmations and to perform all other
notarial acts necessary for the registration or issuance of certificates
relating to births, deaths or marriages. The register of deeds shall be
entitled to a fee as prescribed in G.S. 161-10.

(a) A certificate of birth for each live birth,
regardless of the gestation period, which occurs in this State shall be filed
with the local registrar of the county in which the birth occurs within 10 days
after the birth and shall be registered by the registrar if it has been
completed and filed in accordance with this Article and the rules.

(b) When a birth occurs in a hospital or other medical
facility, the person in charge of the facility shall obtain the personal data,
prepare the certificate, secure the signatures required by the certificate and
file it with the local registrar within 10 days after the birth. The physician
or other person in attendance shall provide the medical information required by
the certificate.

(c) When a birth occurs outside a hospital or other
medical facility, the certificate shall be prepared and filed by one of the
following in the indicated order of priority:

(1) The physician in attendance at or immediately after
the birth, or in the absence of such a person;

(2) Any other person in attendance at or immediately
after the birth, or in the absence of such a person;

(3) The father, the mother or, in the absence or
inability of the father and the mother, the person in charge of the premises
where the birth occurred.

(d) When a birth occurs on a moving conveyance and the
child is first moved from the conveyance in this State, the birth shall be
registered in the county where the child is first removed from the conveyance,
and that place shall be considered the place of birth.

(e) If the mother was married at the time of either
conception or birth, or between conception and birth, the name of the husband
shall be entered on the certificate as the father of the child, except as
provided in this subsection. The surname of the child shall be the same as that
of the husband, except that upon agreement of the husband and mother, or upon
agreement of the mother and father if paternity has been otherwise determined,
any surname may be chosen. The name of the putative father shall be entered on
the certificate as the father of the child if one of the following conditions
exists:

(1) Paternity has been otherwise determined by a court
of competent jurisdiction, in which case the name of the father as determined
by the court shall be entered.

(2) The child's mother, mother's husband, and putative
father complete an affidavit acknowledging paternity that contains all of the
following:

a. A sworn statement by the mother consenting to the
assertion of paternity by the putative father and declaring that the putative
father is the child's natural father.

b. A sworn statement by the putative father declaring
that he believes he is the natural father of the child.

c. A sworn statement by the mother's husband
consenting to the assertion of paternity by the putative father.

d. Information explaining in plain language the effect
of signing the affidavit, including a statement of parental rights and
responsibilities and an acknowledgment of the receipt of this information.

e. The social security numbers of the putative father,
mother, and mother's husband.

f. The results of a DNA test that has confirmed the
paternity of the putative father.

(f) If the mother was unmarried at all times from date
of conception through date of birth, the name of the father shall not be
entered on the certificate unless the child's mother and father complete an
affidavit acknowledging paternity which contains the following:

(1) A sworn statement by the mother consenting to the
assertion of paternity by the father and declaring that the father is the
child's natural father and that the mother was unmarried at all times from the
date of conception through the date of birth;

(2) A sworn statement by the father declaring that he
believes he is the natural father of the child;

(3) Information explaining in plain language the effect
of signing the affidavit, including a statement of parental rights and
responsibilities and an acknowledgment of the receipt of this information; and

(4) The social security numbers of both parents.

The State Registrar, in consultation with the Child Support
Enforcement Section of the Division of Social Services, shall develop and
disseminate a form affidavit for use in compliance with this section, together
with an information sheet that contains all the information required to be
disclosed by subdivision (3) of this subsection.

Upon the execution of the affidavit, the declaring father
shall be listed as the father on the birth certificate, subject to the
declaring father's right to rescind under G.S. 110-132. The executed affidavit
shall be filed with the registrar along with the birth certificate. In the
event paternity is properly placed at issue, a certified copy of the affidavit
shall be admissible in any action to establish paternity. The surname of the child
shall be determined by the mother, except if the father's name is entered on
the certificate, the mother and father shall agree upon the child's surname. If
there is no agreement, the child's surname shall be the same as that of the
mother.

The execution and filing of this affidavit with the registrar
does not affect rights of inheritance unless the affidavit is also filed with
the clerk of court in accordance with G.S. 29-19(b)(2).

(g) Each parent shall provide his or her social
security number to the person responsible for preparing and filing the
certificate of birth.

§ 130A-103. Registration of birth certificates more than
five days and less than one year after birth.

Any birth may be registered more than five days and less than
one year after birth in the same manner as births are registered under this
Article within five days of birth. The registration shall have the effect as if
the registration had occurred within five days of birth. The registration
however, shall not relieve any person of criminal liability for the failure to
register the birth within five days of birth as required by G.S. 130A-101. (1941, c. 126; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1;
1979, c. 95, s. 5; 1983, c. 891, s. 2.)

§ 130A-104. Registration of birth one year or more after
birth.

(a) When the birth of a person born in this State has
not been registered within one year after birth, a delayed certificate may be
filed with the register of deeds in the county in which the birth occurred. An
applicant for a delayed certificate must submit the minimum documentation
prescribed by the State Registrar.

(b) A certificate of birth registered one year or more
after the date of the birth shall be marked "delayed" and show the
date of the delayed registration. A summary statement of evidence submitted in
support of the delayed registration shall be endorsed on the certificate. The
register of deeds shall forward the original and a duplicate to the State
Registrar for final approval. If the certificate complies with the rules and
has not been previously registered, the State Registrar shall file the original
and return the duplicate to the register of deeds for recording.

(c) When an applicant does not submit the minimum
documentation required or when the State Registrar finds reason to question the
validity or adequacy of the certificate or documentary evidence, the State
Registrar shall not register the delayed certificate and shall advise the
applicant of the reasons for this action. If the deficiencies are not
corrected, the applicant shall be advised of the right to an administrative
hearing and of the availability of a judicial determination under G.S. 130A-106.

The registration and filing with the State Registrar prior to
April 1, 1941, of the birth certificate of a person whose birth was not
registered within five days of birth is validated. All copies of birth
certificates filed prior to April 9, 1941, properly certified by the State
Registrar, shall have the same evidentiary value as those registered within
five days. (1941, c. 126; 1957, c. 1357, s. 1; 1969,
c. 1031, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)

§ 130A-106. Establishing fact of birth by persons without
certificates.

(a) A person born in this State not having a recorded
certificate of birth, may file a verified petition with the clerk of the
superior court in the county of the petitioner's legal residence or place of
birth, setting forth the date, place of birth and parentage, and petitioning
the clerk to hear evidence, and to find and adjudge the date, place and
parentage of the birth of the petitioner. Upon the filing of a petition, the
clerk shall set a hearing date, and shall conduct the proceeding in the same
manner as other special proceedings. At the time set for the hearing, the
petitioner shall present evidence to establish the facts of birth. If the
evidence offered satisfies the court, the court shall enter judgment
establishing the date, place of birth and parentage of the petitioner, and
record it in the record of special proceedings. The clerk shall certify the
judgment to the State Registrar who shall keep a record of the judgment. A copy
shall be certified to the register of deeds of the county in which the
petitioner was born.

(b) Repealed by Session Laws 2007-323, s. 30.10(f),
effective August 1, 2007, and applicable to all costs assessed or collected on
or after that date.

(a) A person of unknown parentage whose place and date
of birth are unknown may file a verified petition with the clerk of the
superior court in the county where the petitioner was abandoned. The petition
shall set forth the facts concerning abandonment, the name, date and place of
birth of petitioner and the names of any persons acting in loco parentis to the
petitioner.

(b) The clerk shall find facts and, if there is
insufficient evidence to establish the place of birth, it shall be conclusively
presumed that the person was born in the county of abandonment. The clerk shall
enter and record judgment in the record of special proceedings. The clerk shall
certify the judgment to the State Registrar who shall keep a record of the
judgment. A copy shall be certified to the register of deeds of the county of
abandonment.

(c) A certificate of identification for a person of
unknown parentage shall be filed by the clerk with the local registrar of vital
statistics of the district in which the person was found.

§ 130A-108. Certificate of identification for individual of
foreign birth.

(a) In the case of an adopted individual born in a
foreign country and residing in this State at the time of application, the
State Registrar shall, upon the presentation of a certified copy of the
original birth certificate from the country of birth and a certified copy of
the final order of adoption signed by the clerk of court or other appropriate
official, prepare a certificate of identification for the individual. The
certificate shall contain the same information required by G.S. 48-9-107(a) for
individuals adopted in this State, except that the country of birth shall be
specified in lieu of the state of birth.

(b) In the case of an adopted individual born in a
foreign country and readopted in this State, the State Registrar shall, upon
receipt of a report of that adoption from the Division of Social Services
pursuant to G.S. 48-9-102(f), prepare a certificate of identification for that
individual. The certificate shall contain the same information required by G.S.
48-9-107(a) for individuals adopted in this State, except the country of birth
shall be specified in lieu of the state of birth. (1949,
c. 160, s. 2; 1955, c. 951, s. 16; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1;
1983, c. 891, s. 2; 1995, c. 457, s. 8; 1997-215, s. 13; 2001-208, s. 13; 2001-487,
s. 101.)

§ 130A-109. Birth certificate as evidence.

Certified copies of birth certificates shall be accepted by
public school authorities in this State as prima facie evidence of the age of
children registering for school attendance, and no other proof shall be
required. In addition, certified copies of birth certificates shall be required
by all factory inspectors and employers of youthful labor, as prima facie proof
of age, and no other proof shall be required. However, when it is not possible
to secure a certified copy of a birth certificate, factory inspectors and
employers may accept as secondary proof of age any competent evidence by which
the age of persons is usually established. School authorities may accept only
competent and verifiable evidence as secondary proof of age, specifically
including but not limited to: (i) a certified copy of any medical record of the
child's birth issued by the treating physician or the hospital in which the
child was born, or (ii) a certified copy of a birth certificate issued by a
church, mosque, temple, or other religious institution that maintains birth
records of its members. (1913, c. 109, s. 17; C.S.,
s. 7107; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1983, c. 891, s. 2; 2011-388,
s. 3.)

§ 130A-110. Registration of marriage certificates.

(a) On or before the fifteenth day of the month, the
register of deeds shall transmit to the State Registrar a record of each
marriage ceremony performed during the preceding calendar month for which a
license was issued by the register of deeds. The State Registrar shall
prescribe a form containing the information required by G.S. 51-16 and
additional information to conform with the requirements of the federal agency
responsible for national vital statistics. The form shall be the official form
of a marriage license, certificate of marriage and application for marriage
license.

(b) Each form signed and issued by the register of
deeds, assistant register of deeds or deputy register of deeds shall constitute
an original or a duplicate original. Upon request, the State Registrar shall
furnish a true copy of the marriage registration. The copy shall have the same
evidentiary value as the original.

(c) The register of deeds shall provide copies or
abstracts of marriage certificates to any person upon request. Certified copies
of these certificates shall be provided only to those persons described in G.S.
130A-93(c).

For each divorce and annulment of marriage granted by a court
of competent jurisdiction in this State, a report shall be prepared and filed
by the clerk of court with the State Registrar. On or before the fifteenth day
of each month, the clerk shall forward to the State Registrar the report of
each divorce and annulment granted during the preceding calendar month. (1957, c. 983; 1969, c. 1031, s. 1; 1973, c. 476, s. 128;
1977, c. 1110, s. 2; 1983, c. 891, s. 2; 1985, c. 325, s. 3.)

§ 130A-112. Notification of death.

A funeral director or person acting as such who first assumes
custody of a dead body or fetus of 20 completed weeks gestation or more shall
submit a notification of death to the local registrar in the county where death
occurred, within 24 hours of taking custody of the body or fetus. The
notification of death shall identify the attending physician responsible for
medical certification, except that for deaths under the jurisdiction of the
medical examiner, the notification shall identify the medical examiner and
certify that the medical examiner has released the body to a funeral director
or person acting as such for final disposition. (1913,
c. 109, s. 5; 1915, c. 164, s. 1; C.S., s. 7092; 1955, c. 951, s. 9; 1957, c.
1357, s. 1; 1969, c. 1031, s. 1; 1973, c. 873, s. 1; 1983, c. 891, s. 2.)

§ 130A-113. Permits for burial-transit, authorization for
cremation and disinterment-reinterment.

(a) The funeral director or person acting as such who
first assumes custody of a dead body or fetus which is under the jurisdiction
of the medical examiner shall obtain a burial-transit permit signed by the
medical examiner prior to final disposition or removal from the State and
within five days after death.

(b) A dead body shall not be cremated or buried at sea
unless the provisions of G.S. 130A-388 are met.

(c) A permit for disinterment-reinterment shall be
required prior to disinterment of a dead body or fetus except as otherwise
authorized by law or rule. The permit shall be issued by the local registrar to
a funeral director, embalmer or other person acting as such upon proper
application.

(d) No dead body or fetus shall be brought into this
State unless accompanied by a burial-transit or disposal permit issued under
the law of the state in which death or disinterment occurred. The permit shall
be final authority for final disposition of the body or fetus in this State.

(e) The local registrar shall issue a burial-transit
permit for the removal of a dead body or fetus from this State if the
requirements of G.S. 130A-112 are met and that the death is not under the
jurisdiction of the medical examiner. (1973, c. 873,
s. 2; 1977, c. 163, s. 2; 1983, c. 891, s. 2.)

(a) Each spontaneous fetal death occurring in the
State of 20 completed weeks gestation or more, as calculated from the first day
of the last normal menstrual period until the day of delivery, shall be
reported within 10 days after delivery to the local registrar of the county in
which the delivery occurred. The report shall be made on a form prescribed and
furnished by the State Registrar.

(b) When fetal death occurs in a hospital or other
medical facility, the person in charge of the facility shall obtain the cause
of fetal death and other required medical information over the signature of the
attending physician, and shall prepare and file the report with the local
registrar.

(c) When a fetal death occurs outside of a hospital or
other medical facility, the physician in attendance at or immediately after the
delivery shall prepare and file the report. When a fetal death is attended by a
person authorized to attend childbirth, the supervising physician shall prepare
and file the report. Fetal deaths attended by lay midwives and all other
persons shall be treated as deaths without medical attendance as provided for
in G.S. 130A-115 and the medical examiner shall prepare and file the report.

(d) For any spontaneous fetal death occurring in this
State, either parent of the stillborn child may file an application with the
State Registrar requesting a certificate of birth resulting in stillbirth. The
certificate of birth resulting in stillbirth (i) shall be based upon the
information available from the fetal death report filed pursuant to this
section, (ii) shall not include any reference to the name of the stillborn
child if the fetal death report does not include the name of the stillborn
child and the parent filing the application does not elect to provide a name, and
(iii) shall clearly indicate that it is not proof of a live birth. If the
spontaneous fetal death occurred in this State prior to July 1, 2001, the State
Registrar may not issue a certificate of birth resulting in stillbirth unless
the application for the certificate is accompanied by a certified copy of the
fetal death report. Issuance of a certificate of birth resulting in stillbirth
does not replace the requirement to file a report of fetal death under this
section. (1913, c. 109, s. 6; C.S., s. 7093; 1933, c.
9, s. 2; 1951, c. 1091, s. 1; 1955, c. 951, s. 10; 1957, c. 1357, s. 1; 1969,
c. 1031, s. 1; 1973, c. 873, s. 3; 1979, c. 95, s. 1; 1983, c. 891, s. 2; 1989,
c. 199, s. 3; 2011-357, s. 1.)

§ 130A-115. Death registration.

(a) A death certificate for each death which occurs in
this State shall be filed with the local registrar of the county in which the
death occurred within five days after the death. If the place of death is
unknown, a death certificate shall be filed within five days in the county
where the dead body is found. If the death occurs in a moving conveyance, a
death certificate shall be filed in the county in which the dead body was first
removed from the conveyance.

(b) The funeral director or person acting as such who
first assumes custody of a dead body shall file the death certificate with the
local registrar. The personal data shall be obtained from the next of kin or
the best qualified person or source available. The funeral director or person
acting as such is responsible for obtaining the medical certification of the
cause of death, stating facts relative to the date and place of burial, and
filing the death certificate with the local registrar within five days of the
death.

(c) The medical certification shall be completed and
signed by the physician in charge of the patient's care for the illness or
condition which resulted in death, except when the death falls within the
circumstances described in G.S. 130A-383. In the absence of the physician or
with the physician's approval, the certificate may be completed and signed by
an associate physician, a physician assistant in a manner consistent with G.S.
90-18.1(e1), a nurse practitioner in a manner consistent with G.S. 90-18.2(e1),
the chief medical officer of the hospital or facility in which the death
occurred or a physician who performed an autopsy upon the decedent under the
following circumstances: the individual has access to the medical history of
the deceased; the individual has viewed the deceased at or after death; and the
death is due to natural causes. When specifically approved by the State
Registrar, an electronic signature or facsimile signature of the physician,
physician assistant, or nurse practitioner shall be acceptable. As used in this
section, the term electronic signature has the same meaning as applies in G.S.
66-58.2. The physician, physician assistant, or nurse practitioner shall state
the cause of death on the certificate in definite and precise terms. A
certificate containing any indefinite terms or denoting only symptoms of
disease or conditions resulting from disease as defined by the State Registrar,
shall be returned to the person making the medical certification for correction
and more definite statement.

(d) The physician, physician assistant, nurse
practitioner, or medical examiner making the medical certification as to the
cause of death shall complete the medical certification no more than three days
after death. The physician, physician assistant, nurse practitioner, or medical
examiner may, in appropriate cases, designate the cause of death as unknown
pending an autopsy or upon some other reasonable cause for delay, but shall
send the supplementary information to the local registrar as soon as it is
obtained.

(e) In the case of death or fetal death without
medical attendance, it shall be the duty of the funeral director or person
acting as such and any other person having knowledge of the death to notify the
local medical examiner of the death. The body shall not be disposed of or
removed without the permission of the medical examiner. If there is no county
medical examiner, the Chief Medical Examiner shall be notified. (1913, c. 109, ss. 7, 9; C.S., ss. 7094, 7096; 1949, c.
161, s. 1; 1955, c. 951, ss. 11, 12; 1957, c. 1357, s. 1; 1963, c. 492, ss. 1,
2, 4; 1969, c. 1031, s. 1; 1973, c. 476, s. 128; c. 873, s. 5; 1979, c. 95, ss.
2, 3; 1981, c. 187, s. 1; 1983, c. 891, s. 2; 1999-247, s. 1; 2011-197, s. 3.)

(a) All persons in charge of hospitals or other
institutions, public or private, to which persons resort for confinement or
treatment of diseases or to which persons are committed by process of law,
shall make a record of personal data concerning each person admitted or
confined to the institution. The record shall include information required for
the certificates of birth and death and the reports of spontaneous fetal death
required by this Article. The record shall be made at the time of admission
from information provided by the person being admitted or confined. When this
information cannot be obtained from this person, it shall be obtained from
relatives or other knowledgeable persons.

(b) When a dead body or dead fetus of 20 weeks
gestation or more is released or disposed of by an institution, the person in charge
of the institution shall keep a record showing the name of the decedent, date
of death, name and address of the person to whom the body or fetus is released
and the date of removal from the institution. If final disposition is made by
the institution, the date, place, and manner of disposition shall also be
recorded.

(c) A funeral director, embalmer, or other person who
removes from the place of death, transports or makes final disposition of a
dead body or fetus, shall keep a record which shall identify the body, and
information pertaining to the receipt, removal, delivery, burial, or cremation
of the body, as may be required by the State Registrar. In addition, that
person shall file a certificate or other report required by this Article or the
rules of the Commission.

(d) Records maintained under this section shall be
retained for a period of not less than three years and shall be made available
for inspection by the State Registrar upon request. (1913,
c. 109, s. 16; C.S., s. 7104; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1979,
c. 95, s. 8; 1983, c. 891, s. 2.)

§ 130A-118. Amendment of birth and death certificates.

(a) After acceptance for registration by the State
Registrar, no record made in accordance with this Article shall be altered or
changed, except by a request for amendment. The State Registrar may adopt rules
governing the form of these requests and the type and amount of proof required.

(b) A new certificate of birth shall be made by the
State Registrar when:

(1) Proof is submitted to the State Registrar that the
previously unwed parents of a person have intermarried subsequent to the birth
of the person;

(2) Notification is received by the State Registrar
from the clerk of a court of competent jurisdiction of a judgment, order or
decree disclosing different or additional information relating to the parentage
of a person;

(3) Satisfactory proof is submitted to the State
Registrar that there has been entered in a court of competent jurisdiction a
judgment, order or decree disclosing different or additional information
relating to the parentage of a person; or

(4) A written request from an individual is received by
the State Registrar to change the sex on that individual's birth record because
of sex reassignment surgery, if the request is accompanied by a notarized
statement from the physician who performed the sex reassignment surgery or from
a physician licensed to practice medicine who has examined the individual and
can certify that the person has undergone sex reassignment surgery.

(c) A new birth certificate issued under subsection
(b) may reflect a change in surname when:

(1) A child is legitimated by subsequent marriage and
the parents agree and request that the child's surname be changed; or

(2) A child is legitimated under G.S. 49-10 and the
parents agree and request that the child's surname be changed, or the court
orders a change in surname after determination that the change is in the best
interests of the child.

(d) For the amendment of a certificate of birth or
death after its acceptance for filing, or for the making of a new certificate
of birth under this Article, the State Registrar shall be entitled to a fee not
to exceed fifteen dollars ($15.00) to be paid by the applicant.

(e) When a new certificate of birth is made, the State
Registrar shall substitute the new certificate for the certificate of birth
then on file, and shall forward a copy of the new certificate to the register
of deeds of the county of birth. The copy of the certificate of birth on file
with the register of deeds, if any, shall be forwarded to the State Registrar
within five days. The State Registrar shall place under seal the original
certificate of birth, the copy forwarded by the register of deeds and all papers
relating to the original certificate of birth. The seal shall not be broken
except by an order of a court of competent jurisdiction. Thereafter, when a
certified copy of the certificate of birth of the person is issued, it shall be
a copy of the new certificate of birth, except when an order of a court of
competent jurisdiction shall require the issuance of a copy of the original
certificate of birth. (1957, c. 1357, s. 1; 1969, c.
1031, s. 1; 1975, c. 556; 1977, c. 1110, s. 4; 1983, c. 891, s. 2; 2002-126, s.
29A.18(b).)

§ 130A-119. Clerk of Court to furnish State Registrar with
facts as to paternity of children born out of wedlock when judicially
determined.

Upon the entry of a judgment determining the paternity of a
child born out of wedlock, the clerk of court of the county in which the
judgment is entered shall notify the State Registrar in writing of the name of
the person against whom the judgment has been entered, together with the other
facts disclosed by the record as may assist in identifying the record of the
birth of the child as it appears in the office of the State Registrar. If the
judgment is modified or vacated, that fact shall be reported by the clerk to
the State Registrar in the same manner. Upon receipt of the notification, the
State Registrar shall record the information upon the birth certificate of the
child. (1941, c. 297, s. 1; 1955, c. 951, s. 19;
1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1971, c. 444, s. 5; 1983, c. 891, s.
2; 2013-198, s. 26.)

(b) The State Registrar shall provide to the
Commissioner of Motor Vehicles an alphabetical list of all residents of the
State who have died in the two years prior to July 1 of each odd-numbered year,
unless an annual jury list is being prepared under G.S. 9-2(a), in which case
the list shall be of all residents of the State who have died in the year prior
to July 1 of each year. The list shall include the name and address of each
deceased resident and may be in either printed or computerized form, as
requested by the Commissioner of Motor Vehicles. (2007-512,
s. 2; 2012-180, s. 12.)

(a) The Department shall establish and administer a
maternal and child health program for the delivery of preventive, diagnostic,
therapeutic and habilitative health services to women of childbearing years,
children and other persons who require these services. The program may include,
but shall not be limited to, providing professional education and consultation,
community coordination and direct care and counseling.

(c) Prior year refunds received by the Children's
Special Health Services Program that are not encumbered or spent during a
fiscal year shall not revert to the General Fund but shall remain in the
Department for purchase of care and contracts in the Program. Funds
appropriated for the purchase of care and contracts in the Program that are
encumbered and not spent during a fiscal year shall not revert to the General
Fund but shall remain in the Department for the purchase of care and contracts
in the Program. (1983, c. 891, s. 2; 1993, c. 321, s.
275(a); 1997-172, s. 1; 1997-456, s. 54.)

§ 130A-125. Screening of newborns for metabolic and other
hereditary and congenital disorders.

(a) The Department shall establish and administer a
Newborn Screening Program. The program shall include, but shall not be limited
to:

(1) Development and distribution of educational
materials regarding the availability and benefits of newborn screening.

(2) Provision of laboratory testing.

(3) Development of follow-up protocols to assure early
treatment for identified children, and the provision of genetic counseling and
support services for the families of identified children.

(4) Provision of necessary dietary treatment products
or medications for identified children as medically indicated and when not
otherwise available.

(5) For each newborn, provision of physiological
screening in each ear for the presence of permanent hearing loss.

(b) The Commission shall adopt rules necessary to
implement the Newborn Screening Program. The rules shall include, but shall not
be limited to, the conditions for which screening shall be required, provided
that screening shall not be required when the parents or the guardian of the
infant object to such screening. If the parents or guardian object to the
screening, the objection shall be presented in writing to the physician or other
person responsible for administering the test, who shall place the written
objection in the infant's medical record.

(b1) The Commission shall adopt temporary and permanent
rules to include newborn hearing screening and pulse oximetry screening in the
Newborn Screening Program established under this section.

(b2) The Commission's rules for pulse oximetry screening
shall address at least all of the following:

(1) Follow-up protocols to ensure early treatment for
newborn infants diagnosed with a congenital heart defect, including by means of
telemedicine. As used in this subsection, "telemedicine" is the use
of audio and video between places of lesser and greater medical capability or
expertise to provide and support health care when distance separates participants
who are in different geographical locations.

(2) A system for tracking both the process and outcomes
of newborn screening utilizing pulse oximetry, with linkage to the Birth
Defects Monitoring Program established pursuant to G.S. 130A-131.16.

(c) A fee of twenty-four dollars ($24.00) applies to a
laboratory test performed by the State Laboratory of Public Health pursuant to
this section. The fee for a laboratory test is a departmental receipt of the
Department and shall be used to offset the cost of the Newborn Screening
Program. (1991, c. 661, s. 1; 1991 (Reg. Sess.,
1992), c. 1039, s. 6; 1998-131, s. 13; 2000-67, s. 11.31(a); 2005-276, s.
41.1(a); 2007-182, s. 2; 2008-107, s. 29.4(a); 2013-45, s. 1; 2015-241, s.
12E.12(a).)

The rule-making authority for the birth - three-year-old
early intervention program through Part C of the Individuals with Disabilities
Act (IDEA) is transferred from the Commission for Mental Health, Developmental
Disabilities, and Substance Abuse Services to the Commission for Public Health.
(2005-276, s. 10.54A; 2007-182, s. 2.)

Part 2. Perinatal Health Care.

§ 130A-127. Department to establish program.

(a) The Department shall establish and administer a
perinatal health care program. The program may include, but shall not be
limited to:

(3) Regionalized perinatal health care services
including a plan for effective communication, consultation, referral and
transportation links among hospitals, health departments, physicians, schools
and other relevant community resources for mothers and infants at high risk for
mortality and morbidity.

(1) Health care professional. - A person who is
licensed pursuant to Chapter 90 of the General Statutes to practice as a
physician, physician assistant, or registered nurse or who is approved pursuant
to Chapter 90 of the General Statutes to practice midwifery.

(2) Umbilical cord blood. - The blood that remains in
the umbilical cord and placenta after the birth of a newborn child.

(b) Effective January 1, 2010, the Department of
Health and Human Services shall make available free of charge to the general
public on its Internet Web site printable publications, in a format that can be
downloaded, containing medically accurate information regarding umbilical cord
stem cells and umbilical cord blood banking that is sufficient to allow a
pregnant woman to make an informed decision about whether to participate in a
public or private umbilical cord blood banking program. The publications shall
include at least all of the following information:

(1) An explanation of the medical processes involved in
the collection of umbilical cord blood.

(2) An explanation of any risks associated with
umbilical cord blood collection to the mother and the newborn child.

(3) The options available to a mother regarding stem
cells contained in the umbilical cord blood after delivery of the mother's
newborn child, including:

a. Having the stem cells discarded.

b. Donating the stem cells to a public umbilical cord
blood bank.

c. Storing the stem cells in a private umbilical cord
blood bank for use by immediate and extended family members.

d. Storing the stem cells for use by the family
through a family or sibling donor banking program that provides free
collection, processing, and storage of the stem cells where there is a medical
need.

(4) The current and potential future medical uses,
risks, and benefits of umbilical cord blood collection to (i) the mother,
newborn child, and biological family and (ii) individuals who are not
biologically related to the mother or newborn child.

(5) An explanation of the differences between public
and private umbilical cord blood banking.

(6) Options for ownership and future use of the donated
umbilical cord blood.

(c) The Department may satisfy the requirements of
subsection (b) of this section by including on its Internet Web site a link to
a federally sponsored Internet Web site that North Carolina citizens may access
so long as the federally sponsored Internet Web site contains all of the
information specified in subdivisions (1) through (6) of subsection (b) of this
section.

(d) The Department shall encourage health care
professionals who provide health care services that are directly related to a
woman's pregnancy to provide each woman with the publications described in
subsection (b) of this section prior to the woman's third trimester of
pregnancy.

(e) A health care professional or health care
institution shall not be liable for damages in a civil action, subject to
prosecution in a criminal proceeding, or subject to disciplinary action by the
North Carolina Medical Board or the North Carolina Board of Nursing for acting
in good faith with respect to informing a pregnant woman prior to her third
trimester of pregnancy about the publications described in subsection (b) of
this section. (2009-67, s. 1; 2009-570, s. 43.1.)

The Department shall establish and administer a Sickle Cell
Program. The Commission shall, after consultation with the Council on Sickle
Cell Syndrome, adopt rules for the program that shall include, but not be
limited to, programs for education, voluntary testing, counseling, and medical
reimbursement services for sickle cell syndrome. "Sickle cell
syndrome" includes sickle cell disease, sickle cell trait, sickle cell
thalassemia and variants. (1987, c. 822, s. 2.)

§ 130A-130. Duties of local health departments.

Local health departments shall provide sickle cell syndrome
testing and counseling at no cost to persons requesting these services. If an
individual is found to have any aspect of sickle cell syndrome, the local
health department shall inform the individual to that effect. The State
Laboratory of Public Health shall, upon request, provide a person's sickle cell
screening test results to any local health department or Sickle Cell Program
contracting agency which has been requested to provide sickle cell services to
that person. (1987, c. 822, s. 2.)

A Council on Sickle Cell Syndrome is created. The Council
shall consist of a chairperson and 14 other members appointed by the Governor.
Members shall serve without compensation except for reimbursement for travel
and expenses in pursuit of Council business. Except as provided in this
subsection, Council members shall serve a term of three years. To achieve a
staggered term structure, five members shall be appointed for a term of one
year, five members for a term of two years, and five members for a term of
three years. (1973, c. 570, s. 1; 1987, c. 822, s. 3;
1989, c. 727, s. 179.)

§ 130A-131.1. Council membership.

In making appointments, consideration shall be given to
persons representing the following areas:

(1) Members of community agencies interested in sickle
cell syndrome;

(2) State and local officials concerned with public
health, social services and rehabilitation;

(3) Teachers and members of State and local school
boards;

(4) Physicians in medical centers and physicians in
community practice who are interested in sickle cell syndrome;

The Council shall advise the Department and the Commission
for Public Health on the needs of persons with sickle cell syndrome, and shall
make recommendations to meet these needs. Such recommendations shall include
but not be limited to recommendations for legislative action and for rules
regarding the services of the Sickle Cell Program. The Council shall develop
procedures to facilitate its operation. All clerical and other services
required by the Council shall be furnished by the Department without budget
limitations. (1973, c. 570, s. 3; 1987, c. 822, s. 3;
1989, c. 727, ss. 179, 180; 1997-443, s. 11A.76; 2007-182, s. 2.)

§ 130A-131.3. Reserved for future codification purposes.

§ 130A-131.4. Reserved for future codification purposes.

Part 4. Lead Poisoning in Children.

§ 130A-131.5. Commission to adopt rules.

(a) For the protection of the public health, the
Commission shall adopt rules for the prevention and control of lead poisoning
in children in accordance with this Part.

(1) "Abatement" means undertaking any of the
following measures to eliminate a lead-based paint hazard:

a. Removing lead-based paint from a surface and
repainting the surface.

b. Removing a component, such as a windowsill, painted
with lead-based paint and replacing the component.

c. Enclosing a surface painted with lead-based paint
with paneling, vinyl siding, or another approved material.

d. Encapsulating a surface painted with lead-based
paint with a sealant.

e. Any other measure approved by the Commission.

(2) "Child-occupied facility" means a
building, or portion of a building, constructed before 1978, regularly visited
by a child who is less than six years of age. Child-occupied facilities may
include, but are not limited to, child care facilities, preschools, nurseries,
kindergarten classrooms, schools, clinics, or treatment centers including the
common areas, the grounds, any outbuildings, or other structures appurtenant to
the facility.

(3) "Confirmed lead poisoning" means a blood
lead concentration of 20 micrograms per deciliter or greater determined by the
lower of two consecutive blood tests within a six-month period.

(4) "Department" means the Department of
Environmental Quality or its authorized agent.

(5) "Elevated blood lead level" means a blood
lead concentration of 10 micrograms per deciliter or greater determined by the
lower of two consecutive blood tests within a six-month period.

(6) "Lead-based paint hazard" means a
condition that is likely to result in exposure to lead-based paint or to soil
or dust that contains lead at a concentration that constitutes a lead poisoning
hazard.

(7) "Lead poisoning hazard" means any of the
following:

a. Any lead-based paint or other substance that
contains lead in an amount equal to or greater than 1.0 milligrams lead per
square centimeter as determined by X-ray fluorescence or five-tenths of a
percent (0.5%) lead by weight as determined by chemical analysis: (i) on any
readily accessible substance or chewable surface on which there is evidence of
teeth marks or mouthing; or (ii) on any other deteriorated or otherwise damaged
interior or exterior surface.

b. Any substance that contains lead intended for use
by children less than six years of age in an amount equal to or greater than
0.06 percent (0.06%) lead by weight as determined by chemical analysis.

c. Any concentration of lead dust that is equal to or
greater than 40 micrograms per square foot on floors or 250 micrograms per
square foot on interior windowsills, vinyl miniblinds, bathtubs, kitchen sinks,
or lavatories.

d. Any lead-based paint or other substance that
contains lead on a friction or impact surface that is subject to abrasion,
rubbing, binding, or damage by repeated contact and where the lead dust
concentrations on the nearest horizontal surface underneath the friction or
impact surface are equal to or greater than 40 micrograms per square foot on
floors or 250 micrograms per square foot on interior windowsills.

e. Any concentration of lead in bare soil in play
areas, gardens, pet sleeping areas, and areas within three feet of a
residential housing unit or child-occupied facility equal to or greater than
400 parts per million. Any concentration of lead in bare soil in other
locations of the yard equal to or greater than 1,200 parts per million.

f. Any ceramic ware generating equal to or greater
than three micrograms of lead per milliliter of leaching solution for flatware
or 0.5 micrograms of lead per milliliter for cups, mugs, and pitchers as
determined by Method 973.32 of the Association of Official Analytical Chemists.

g. Any concentration of lead in drinking water equal
to or greater than 15 parts per billion.

(8) "Lead-safe housing" is housing that was
built since 1978 or has been tested by a person that has been certified to
perform risk assessments and found to have no lead-based paint hazard within
the meaning of the Residential Lead-Based Paint Reduction Act of 1992, 42
U.S.C. § 4851b(15).

(9) "Maintenance standard" means the
following:

a. Using safe work practices, repairing and repainting
areas of deteriorated paint inside a residential housing unit and for single-family
and duplex residential dwelling built before 1950, repairing and repainting
areas of deteriorated paint on interior and exterior surfaces;

b. Cleaning the interior of the unit to remove dust
that constitutes a lead poisoning hazard;

c. Adjusting doors and windows to minimize friction or
impact on surfaces;

d. Subject to the occupant's approval, appropriately
cleaning any carpets;

e. Taking such steps as are necessary to ensure that
all interior surfaces on which dust might collect are readily cleanable; and

f. Providing the occupant or occupants all
information required to be provided under the Residential Lead-Based Paint
Hazard Reduction Act of 1992, and amendments thereto.

(10) "Managing agent" means any person who has
charge, care, or control of a building or part thereof in which dwelling units
or rooming units are leased.

(13) "Readily accessible substance" means any
substance that can be ingested or inhaled by a child less than six years of
age. Readily accessible substances include deteriorated paint that is peeling,
chipping, cracking, flaking, or blistering to the extent that the paint has
separated from the substrate. Readily accessible substances also include soil,
water, toys, vinyl miniblinds, bathtubs, lavatories, doors, door jambs, stairs,
stair rails, windows, interior windowsills, baseboards, and paint that is
chalking.

(14) "Regularly visits" means the presence at a
residential housing unit or child-occupied facility on at least two different
days within any week, provided that each day's visit lasts at least three hours
and the combined weekly visits last at least six hours, and the combined annual
visits last at least 60 hours.

(15) "Remediation" means the elimination or
control of lead poisoning hazards by methods approved by the Department.

(16) "Residential housing unit" means a
dwelling, dwelling unit, or other structure, all or part of which is designed
or used for human habitation, including the common areas, the grounds, any
outbuildings, or other structures appurtenant to the residential housing unit.

(a) All laboratories doing business in this State
shall report to the Department all environmental lead test results and blood
lead test results for children less than six years of age and for individuals
whose ages are unknown at the time of testing. Reports shall be made by
electronic submission within five working days after test completion.

(b) Reports of blood lead test results shall contain
all of the following:

When the Department has a reasonable suspicion that a child
less than six years of age has an elevated blood lead level or a confirmed lead
poisoning, the Department may require that child to be examined and tested
within 30 days. The Department shall require from the owner, managing agent, or
tenant of the residential housing unit or child-occupied facility information
on each child who resides in, regularly visits, or attends, or, who has within
the past six months, resided in, regularly visited, or attended the unit or
facility. The information required shall include each child's name and date of
birth, the names and addresses of each child's parents, legal guardian, or full-time
custodian. The owner, managing agent, or tenant shall submit the required
information within 10 days of receipt of the request from the Department. (1997-443, s. 15.30(b); 2003-150, s. 3.)

§ 130A-131.9A. Investigation to identify lead poisoning
hazards.

(a) When the Department learns of confirmed lead
poisoning, the Department shall conduct an investigation to identify the lead
poisoning hazards to children. The Department shall investigate the residential
housing unit where the child with confirmed lead poisoning resides. The
Department shall also investigate the supplemental addresses of the child who
has confirmed lead poisoning.

(a1) When the Department learns of an elevated blood
lead level, the Department shall, upon informed consent, investigate the
residential housing unit where the child with the elevated blood level resides.
When consent to investigate is denied, the child with the elevated blood lead
level cannot be located, or the child's parent or guardian fails to respond,
the Department shall document the denial of consent, inability to locate, or
failure to respond.

(b) The Department shall also conduct an investigation
when it reasonably suspects that a lead poisoning hazard to children exists in
a residential housing unit or child-occupied facility occupied, regularly visited,
or attended by a child less than six years of age.

(c) In conducting an investigation, the Department may
take samples of surface materials, or other materials suspected of containing
lead, for analysis and testing. If samples are taken, chemical determination of
the lead content of the samples shall be by atomic absorption spectroscopy or
equivalent methods approved by the Department. (1997-443,
s. 15.30(b); 2003-150, s. 4.)

§ 130A-131.9B. Notification.

Upon determination that a lead poisoning hazard exists, the
Department shall give written notice of the lead poisoning hazard to the owner
or managing agent of the residential housing unit or child-occupied facility
and to all persons residing in, attending, or regularly visiting the unit or
facility. The written notice to the owner or managing agent shall include a
list of possible methods of remediation. (1997-443, s.
15.30(b); 2003-150, s. 5.)

§ 130A-131.9C. Abatement and Remediation.

(a) Upon determination that a child less than six
years of age has a confirmed lead poisoning of 20 micrograms per deciliter or
greater and that child resides in a residential housing unit containing lead
poisoning hazards, the Department shall require remediation of the lead
poisoning hazards. The Department shall also require remediation of the lead
poisoning hazards identified at the supplemental addresses of a child less than
six years of age with a confirmed lead poisoning of 20 micrograms per deciliter
or greater.

(b) When remediation of lead poisoning hazards is required
under subsection (a) of this section, the owner or managing agent shall submit
a written remediation plan to the Department within 14 days of receipt of the
lead poisoning hazard notification and shall obtain written approval of the
plan before initiating remediation activities. The remediation plan shall
comply with subsections (g), (h), and (i) of this section.

(c) If the remediation plan submitted fails to meet
the requirements of this section, the Department shall issue an order requiring
submission of a modified plan. The order shall indicate the modifications that
shall be made to the remediation plan and the date that the plan as modified
shall be submitted to the Department.

(d) If the owner or managing agent does not submit a
remediation plan within 14 days, the Department shall issue an order requiring
submission of a remediation plan within five days of receipt of the order.

(e) The owner or managing agent shall notify the
Department and the occupants of the dates of remediation activities at least
three days before commencement of the activities.

(f) Remediation of the lead poisoning hazards shall be
completed within 60 days of the Department's approval of the remediation plan.
If the remediation activities are not completed within 60 days, the Department
shall issue an order requiring completion of the activities. An owner or
managing agent may apply to the Department for an extension of the deadline.
The Department may issue an order extending the deadline for 30 days upon
proper written application by the owner or managing agent.

(g) All of the following methods of remediation of
lead-based paint hazards are prohibited:

(1) Stripping paint on-site with methylene chloride-based
solutions.

(2) Torch or flame burning.

(3) Heating paint with a heat gun above 1,100 degrees
Fahrenheit.

(4) Covering with new paint or wallpaper unless all
readily accessible lead-based paint has been removed.

(5) Uncontrolled abrasive blasting, machine sanding, or
grinding, except when used with High Efficiency Particulate Air (HEPA) exhaust
control that removes particles of 0.3 microns or larger from the air at ninety-nine
and seven-tenths percent (99.7%) or greater efficiency.

(6) Uncontrolled waterblasting.

(7) Dry scraping, unless used in conjunction with heat
guns, or around electrical outlets, or when treating no more than two square
feet on interior surfaces, or no more than 20 square feet on exterior surfaces.

(h) All lead-containing waste and residue shall be
removed and disposed of in accordance with applicable federal, State, and local
laws and rules. Other substances containing lead that are intended for use by
children less than six years of age and vinyl miniblinds that constitute a lead
poisoning hazard shall be removed and disposed of in accordance with applicable
federal, State, and local laws and rules.

(i) All remediation plans shall require that the lead
poisoning hazards be reduced to the following levels:

(1) Fewer than 40 micrograms per square foot for lead
dust on floors.

(2) Fewer than 250 micrograms per square foot for lead
dust on interior windowsills, bathtubs, kitchen sinks, and lavatories.

(3) Fewer than 400 micrograms per square foot for lead
dust on window troughs.

(4) Fewer than 400 parts per million for lead in bare soil
in play areas, gardens, pet sleeping areas, and areas within three feet of the
residential housing unit or child-occupied facility. Lead in bare soil in other
locations of the yard shall be reduced to less than 1,200 parts per million.

(5) Fewer than 15 parts per billion for lead in
drinking water.

(j) The Department shall verify by visual inspection
that the approved remediation plan has been completed. The Department may also
verify plan completion by residual lead dust monitoring and soil or drinking
water lead level measurement.

(j1) Compliance with the maintenance standard satisfies
the remediation requirements for confirmed lead poisoning cases identified on
or after 1 October 1990 as long as all lead poisoning hazards identified on
interior and exterior surfaces are addressed by remediation. Except for owner-occupied
residential housing units, continued compliance shall be verified by means of
an annual monitoring inspection conducted by the Department. For owner-occupied
residential housing units, continued compliance shall be verified (i) by means
of an annual monitoring inspection, (ii) by documentation that no child less
than six years of age has resided in or regularly visited the residential
housing unit within the past year, or (iii) by documentation that no child less
than six years of age residing in or regularly visiting the unit has an
elevated blood lead level.

(k) Removal of children from the residential housing
unit or child-occupied facility shall not constitute remediation if the property
continues to be used for a residential housing unit or child-occupied facility.
The remediation requirements imposed in subsection (a) of this section apply so
long as the property continues to be used as a residential housing unit or
child-occupied facility. (1997-443, s. 15.30(b); 1998-209,
s. 3; 2003-150, s. 6.)

§ 130A-131.9D. Effect of compliance with maintenance
standard.

Any owner of a residential housing unit constructed prior to
1978 who is sued by a current or former occupant seeking damages for injuries
allegedly arising from exposure to lead-based paint or lead-contaminated dust,
shall not be deemed liable (i) for any injuries sustained by that occupant
after the owner first complied with the maintenance standard defined under G.S.
130A-131.7 provided the owner has repeated the steps provided for in the
maintenance standard annually for units in which children of less than six
years of age have resided or regularly visited within the past year and
obtained a certificate of compliance under G.S. 130A-131.9E annually during
such occupancy; or (ii) if the owner is able to show by other documentation
that compliance with the maintenance standard has been maintained during the
period when the injuries were sustained; or (iii) if the owner is able to show
that the unit was lead-safe housing containing no lead-based paint hazards
during the period when the injuries were sustained. (1997-443,
s. 15.30(b); 1998-209, s. 4.)

§ 130A-131.9E. Certificate of evidence of compliance.

An owner of a unit who has complied with the maintenance
standard may apply annually to the Department for a certificate of compliance.
Upon presentation of acceptable proof of compliance, the Department shall
provide to the owner a certificate evidencing compliance. The Department may
issue a certificate based solely on information provided by the owner and may
revoke the certificate upon showing that any of the information is erroneous or
inadequate, or upon finding that the unit is no longer in compliance with the
maintenance standard. (1997-443, s. 15.30(b).)

§ 130A-131.9F. Discrimination in financing.

(a) No bank or financial institution in the business
of lending money for the purchase, sale, construction, rehabilitation,
improvement, or refinancing of real property of the lending of money secured by
an interest in real property may refuse to make such loans merely because of
the presence of lead-based paint on the residential real property or in the
residential housing unit provided that the owner is in compliance with the maintenance
standard and has obtained a certificate of compliance under G.S. 130A-131.9E
annually.

(b) Nothing in this section shall (i) require a financial
institution to extend a loan or otherwise provide financial assistance if it is
clearly evident that health-related issues, other than those related to lead-based
paint, made occupancy of the housing accommodation an imminent threat to the
health or safety of the occupant, or (ii) be construed to preclude a financial
institution from considering the fair market value of the property which will
secure the proposed loan.

(c) Failure to meet the maintenance standard shall not
be deemed a default under existing mortgages. (1997-443,
s. 15.30(b).)

§ 130A-131.9G. Resident responsibilities.

In any residential housing unit occupied by a child less than
six years of age who has an elevated blood lead level of 10 micrograms per
deciliter or greater, the Department shall advise, in writing, the owner or
managing agent and the child's parents or legal guardian of the importance of
carrying out routine cleaning activities in the units they occupy, own, or
manage. The cleaning activities shall include all of the following:

(1) Wiping clean all windowsills with a damp cloth or
sponge at least weekly.

(2) Regularly washing all surfaces accessible to
children.

(3) In the case of a leased residential housing unit,
identifying any deteriorated paint in the unit and notifying the owner or
managing agent of the conditions within 72 hours of discovery.

(4) Identifying and understanding potential lead
poisoning hazards in the environment of each child less than six years of age
in the unit (including toys, vinyl miniblinds, playground equipment, drinking
water, soil, and painted surfaces), and taking steps to prevent children from
ingesting lead such as encouraging children to wash their faces and hands
frequently and especially after playing outdoors. (1997-443,
s. 15.30(b); 2003-150, s. 7.)

§ 130A-131.9H. Application fees for certificates of
compliance.

The Department shall collect an application fee of ten
dollars ($10.00) for each certificate of compliance. Fee receipts shall be used
to support the program that is developed to implement this Part. Fee receipts
also may be used to provide for relocation and medical expenses incurred by
children with confirmed lead poisoning. (1998-209, s.
5.)

Part 5. Disposition of Remains of Terminated Pregnancies.

§ 130A-131.10. Manner of disposition of remains of
pregnancies.

(a) The Commission for Public Health shall adopt rules
to ensure that all facilities authorized to terminate pregnancies, and all
medical or research laboratories or facilities to which the remains of
terminated pregnancies are sent shall dispose of the remains in a manner
limited to burial, cremation, or, except as prohibited by subsection (b) of
this section, approved hospital type of incineration.

(b) A hospital or other medical facility or a medical
or research laboratory or facility shall dispose of the remains of a
recognizable fetus only by burial or cremation. The Commission shall adopt
rules to implement this subsection.

(c) Repealed by Session Laws 2015-265, s. 1, effective
October 1, 2015, and applicable to offenses committed on or after that date.

(d) This section does not impose liability on a
permitted medical waste treatment facility for a hospital's or other medical
facility's violation of this section nor does it impose any additional duty on
the treatment facility to inspect waste received from the hospital or medical
facility to determine compliance with this section.

(e) Nothing in this section shall prevent the mother
from donating the remains of her unborn child after a spontaneous abortion or
miscarriage to a research facility for research or from acquiring the remains
of the unborn child after a spontaneous abortion or miscarriage. The mother's
informed written consent to allow research to be conducted upon the remains of
the unborn child after a spontaneous abortion or miscarriage must be obtained
prior to the donation and must be separate from any other prior consent.

(f) Nothing in this section shall prevent the
performance of autopsies performed according to law, or any pathological
examinations, chromosomal analyses, cultures, or any other examinations deemed
necessary by attending pathologists or treating physicians for diagnostic
purposes. (1989, c. 85; 1997-517, s. 4; 2007-182, s.
2; 2015-265, s. 1.)

(b) The Commission shall adopt rules necessary to
implement this section. The rules shall include a maximum annual funding level
for initiatives and a requirement for local match.

(c) Initiatives shall be funded in accordance with
selection criteria established by the Commission. In funding initiatives, the
Department shall target counties with the highest teen pregnancy rates,
increasingly higher rates, high rates within demographic subgroups, or greatest
need for parenting programs. Grants shall be awarded on an annual basis.

(d) Initiatives shall be funded on a four-year funding
cycle. The Department may end funding prior to the end of the four-year period
if programmatic requirements and performance standards are not met. At the end
of four years of funding, a local initiative shall be eligible to reapply for
funding.

(e) Administrative costs in implementing this section
shall not exceed ten percent (10%) of the total funds administered pursuant to
this section.

(f) Programs are not required to provide a cash match
for these funds; however, the Department may require an in-kind match.

(h) The Department's use of State funds for
initiatives and projects authorized under this section shall not include the
allocation of funds to renew or extend existing contracts or enter into new
contracts for the provision of family planning services, pregnancy prevention
activities, or adolescent parenting programs with any provider that performs
abortions. (2001-424, s. 21.89(c); 2015-265, s. 3.)

(a) The Birth Defects Monitoring Program is
established within the State Center for Health and Environmental Statistics.
The Birth Defects Monitoring Program shall compile, tabulate, and publish
information related to the incidence and prevention of birth defects.

(b) As used in this Part, unless the context clearly
requires otherwise, the term:

(1) "Birth defect" means any physical, functional,
or chemical abnormality present at birth that is of possible genetic or
prenatal origin.

(2) "Program" means the Birth Defects
Monitoring Program established under this Part.

(c) Physicians and persons in charge of licensed
medical facilities shall, upon request, permit staff of the Program to examine,
review, and obtain a copy of any medical record in their possession or under
their control that pertains to a diagnosed or suspected birth defect, including
the records of the mother.

(d) A physician or person in charge of a licensed
medical facility who permits examination, review, or copying of medical records
pursuant to this section shall be immune from civil or criminal liability that
might otherwise be incurred or imposed for providing access to these medical
records based upon invasion of privacy or breach of physician-patient
confidentiality. (1995, c. 268, s. 1.)

§ 130A-131.17. Confidentiality of information; research.

(a) All information collected and analyzed by the
Program pursuant to this Part shall be confidential insofar as the identity of
the individual patient is concerned. This information shall not be considered
public record open to inspection. Access to the information shall be limited
to Program staff authorized by the Director of the State Center for Health and
Environmental Statistics. The Director of the State Center for Health and
Environmental Statistics may also authorize access to this information to
persons engaged in demographic, epidemiological, or other similar scientific
studies related to health. The Commission shall adopt rules that establish
strict criteria for the use of monitoring Program information for scientific
research. All persons given authorized access to Program information shall
agree, in writing, to maintain confidentiality.

(b) All scientific research proposed to be conducted
by persons other than authorized Program staff using the information from the
Program, shall first be reviewed and approved by the Director of the State
Center for Health and Environmental Statistics and an appropriate committee for
the protection of human subjects which is approved by the United States
Department of Health and Human Services pursuant to Part 46 of Title 45 of the
Code of Federal Regulations. Satisfaction of the terms of the Commission's
rules for data access shall entitle the researcher to obtain information from
the Program and, if part of the research protocol, to contact case subjects.

(c) Whenever authorized Program staff propose a
research protocol that includes contacting case subjects, the Director of the
State Center for Health and Environmental Statistics shall submit a protocol
describing the research to the State Health Director and to an appropriate
committee for the protection of human subjects which is approved by the United
States Department of Health and Human Services pursuant to Part 46 of Title 45
of the Code of Federal Regulations. If and when the protocol is approved by
the committee and by the State Health Director pursuant to the rules of the
Commission, then Program staff shall be entitled to complete the approved
project and to contact case subjects.

(d) The Program shall maintain a record of all persons
who are given access to the information in the system. The record shall
include the following:

(1) The name of the person authorizing access;

(2) The name, title, and organizational affiliation of
persons given access;

(3) The dates of access; and

(4) The specific purposes for which information is to
be used.

The record required under this subsection shall be open to
public inspection during normal operating hours.

(e) Nothing in this section prohibits the Program from
publishing statistical compilations relating to birth defects that do not in
any way identify individual patients. (1995, c. 268,
s. 1.)

(a) There is established in the Department the Office
of Women's Health. The purpose of the office is to expand the State's public
health concerns and focus to include a comprehensive outlook on the overall
health status of women. The primary goals of the Office shall be the prevention
of disease and improvement in the quality of life for women over their entire
lifespan. The Department shall develop strategies for achieving these goals,
which shall include but not be limited to:

(1) Developing a strategic plan to improve public
services and programs targeting women;

A physician licensed to practice medicine who has reason to
suspect that a person about whom the physician has been consulted
professionally has a communicable disease or communicable condition declared by
the Commission to be reported, shall report information required by the
Commission to the local health director of the county or district in which the
physician is consulted. The Commission shall declare confirmed HIV infection
to be a reportable communicable condition. (1893, c.
214, s. 11; Rev., s. 3448; 1917, c. 263, s. 7; C.S., s. 7151; 1921, c. 223, s.
1; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 782,
s. 5; 1989, c. 698, s. 3.)

§ 130A-136. School principals and child care operators to
report.

A principal of a school and an operator of a child care
facility, as defined in G.S. 110-86(3), who has reason to suspect that a person
within the school or child care facility has a communicable disease or
communicable condition declared by the Commission to be reported, shall report
information required by the Commission to the local health director of the
county or district in which the school or facility is located. (1979, c. 192, s. 2; 1983, c. 891, s. 2; 1987, c. 782, s. 6;
1997-506, s. 46.)

§ 130A-137. Medical facilities may report.

A medical facility, in which there is a patient reasonably
suspected of having a communicable disease or condition declared by the
Commission to be reported, may report information specified by the Commission
to the local health director of the county or district in which the facility is
located. (1983, c. 891, s. 2; 1987, c. 782, s. 7.)

§ 130A-138. Operators of restaurants and other food or drink
establishments to report.

An operator of a restaurant or other establishment where food
or drink is prepared or served for pay, as defined in G.S. 130A-247(4) and (5),
shall report information required by the Commission to the local health
director of the county or district in which the restaurant or food
establishment is located when the operator has reason to suspect an outbreak of
food-borne illness in its customers or employees or when it has reason to
suspect that a food handler at the establishment has a food-borne disease or
food-borne condition required by the Commission to be reported. (1917, c. 263, s. 9; C.S., s. 7153; 1921, c. 223, s. 3;
1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1979, c. 192, s. 3; 1983, c. 891, s.
2; 1987, c. 782, s. 8.)

§ 130A-139. Persons in charge of laboratories to report.

A person in charge of a laboratory providing diagnostic
service in this State shall report information required by the Commission to a
public health agency specified by the Commission when the laboratory makes any
of the following findings:

(1) Sputa, gastric contents, or other specimens which
are smear positive for acid fast bacilli or culture positive for Mycobacterium
tuberculosis;

A local health director shall report to the Department all
cases of diseases or conditions or laboratory findings of residents of the
jurisdiction of the local health department which are reported to the local
health director pursuant to this Article. A local health director shall report
all other cases and laboratory findings reported pursuant to this Article to
the local health director of the county, district, or authority where the
person with the reportable disease or condition or laboratory finding resides. (1919, c. 206, s. 2; C.S., s. 7192; 1957, c. 1357, s. 1;
1961, c. 753; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 782, s. 10;
1997-502, s. 10.)

§ 130A-141. Form, content and timing of reports.

The Commission shall adopt rules which establish the specific
information to be submitted when making a report required by this Article, time
limits for reporting, the form of the reports and to whom reports of laboratory
findings are to be made. (1983, c. 891, s. 2; 1987, c.
782, s. 11.)

§ 130A-141.1. Temporary order to report.

(a) The State Health Director may issue a temporary
order requiring health care providers to report symptoms, diseases, conditions,
trends in use of health care services, or other health-related information when
necessary to conduct a public health investigation or surveillance of an
illness, condition, or symptoms that may indicate the existence of a
communicable disease or condition that presents a danger to the public health.
The order shall specify which health care providers must report, what
information is to be reported, and the period of time for which reporting is
required. The period of time for which reporting is required pursuant to a
temporary order shall not exceed 90 days. The Commission may adopt rules to
continue the reporting requirement when necessary to protect the public health.

(b) For the purposes of this section, the term
"health care provider" has the same meaning as that term is defined
in G.S. 130A-476(g). (2004-80, s. 5.)

§ 130A-142. Immunity of persons who report.

A person who makes a report pursuant to the provisions of this
Article shall be immune from any civil or criminal liability that might
otherwise be incurred or imposed as a result of making that report. (1983, c. 891, s. 2; 1987, c. 782, s. 12.)

§ 130A-143. Confidentiality of records.

All information and records, whether publicly or privately
maintained, that identify a person who has AIDS virus infection or who has or
may have a disease or condition required to be reported pursuant to the
provisions of this Article shall be strictly confidential. This information shall
not be released or made public except under the following circumstances:

(1) Release is made of specific medical or
epidemiological information for statistical purposes in a way that no person
can be identified;

(2) Release is made of all or part of the medical
record with the written consent of the person or persons identified or their
guardian;

(3) Release is made for purposes of treatment, payment,
research, or health care operations to the extent that disclosure is permitted
under 45 Code of Federal Regulations §§ 164.506 and 164.512(i). For purposes of
this section, the terms "treatment," "payment,"
"research," and "health care operations" have the meaning
given those terms in 45 Code of Federal Regulations § 164.501;

(4) Release is necessary to protect the public health
and is made as provided by the Commission in its rules regarding control
measures for communicable diseases and conditions;

(5) Release is made pursuant to other provisions of
this Article;

(6) Release is made pursuant to subpoena or court
order. Upon request of the person identified in the record, the record shall be
reviewed in camera. In the trial, the trial judge may, during the taking of
testimony concerning such information, exclude from the courtroom all persons
except the officers of the court, the parties and those engaged in the trial of
the case;

(7) Release is made by the Department or a local health
department to a court or a law enforcement official for the purpose of
enforcing this Article or Article 22 of this Chapter, or investigating a
terrorist incident using nuclear, biological, or chemical agents. A law
enforcement official who receives the information shall not disclose it
further, except (i) when necessary to enforce this Article or Article 22 of
this Chapter, or when necessary to conduct an investigation of a terrorist
incident using nuclear, biological, or chemical agents, or (ii) when the
Department or a local health department seeks the assistance of the law
enforcement official in preventing or controlling the spread of the disease or
condition and expressly authorizes the disclosure as necessary for that
purpose;

(8) Release is made by the Department or a local health
department to another federal, state or local public health agency for the
purpose of preventing or controlling the spread of a communicable disease or
communicable condition;

(9) Release is made by the Department for bona fide
research purposes. The Commission shall adopt rules providing for the use of
the information for research purposes;

(10) Release is made pursuant to G.S. 130A-144(b); or

(11) Release is made pursuant to any other provisions of
law that specifically authorize or require the release of information or
records related to AIDS. (1983, c. 891, s. 2; 1987,
c. 782, s. 13; 2002-179, s. 7; 2011-314, s. 4.)

§ 130A-144. Investigation and control measures.

(a) The local health director shall investigate, as
required by the Commission, cases of communicable diseases and communicable
conditions reported to the local health director pursuant to this Article.

(b) Physicians, persons in charge of medical
facilities or laboratories, and other persons shall, upon request and proper
identification, permit a local health director or the State Health Director to
examine, review, and obtain a copy of medical or other records in their
possession or under their control which the State Health Director or a local
health director determines pertain to the (i) diagnosis, treatment, or
prevention of a communicable disease or communicable condition for a person
infected, exposed, or reasonably suspected of being infected or exposed to such
a disease or condition, or (ii) the investigation of a known or reasonably
suspected outbreak of a communicable disease or communicable condition.

(c) A physician or a person in charge of a medical
facility or laboratory who permits examination, review or copying of medical
records pursuant to subsection (b) shall be immune from any civil or criminal
liability that otherwise might be incurred or imposed as a result of complying
with a request made pursuant to subsection (b).

(d) The attending physician shall give control measures
prescribed by the Commission to a patient with a communicable disease or
communicable condition and to patients reasonably suspected of being infected
or exposed to such a disease or condition. The physician shall also give
control measures to other individuals as required by rules adopted by the
Commission.

(e) The local health director shall ensure that
control measures prescribed by the Commission have been given to prevent the
spread of all reportable communicable diseases or communicable conditions and
any other communicable disease or communicable condition that represents a
significant threat to the public health. The local health department shall
provide, at no cost to the patient, the examination and treatment for
tuberculosis disease and infection and for sexually transmitted diseases
designated by the Commission.

(f) All persons shall comply with control measures,
including submission to examinations and tests, prescribed by the Commission
subject to the limitations of G.S. 130A-148.

(g) The Commission shall adopt rules that prescribe
control measures for communicable diseases and conditions subject to the
limitations of G.S. 130A-148. Temporary rules prescribing control measures for
communicable diseases and conditions shall be adopted pursuant to G.S. 150B-13.

(h) Anyone who assists in an inquiry or investigation
conducted by the State Health Director for the purpose of evaluating the risk
of transmission of HIV or Hepatitis B from an infected health care worker to
patients, or who serves on an expert panel established by the State Health
Director for that purpose, shall be immune from civil liability that otherwise
might be incurred or imposed for any acts or omissions which result from such
assistance or service, provided that the person acts in good faith and the acts
or omissions do not amount to gross negligence, willful or wanton misconduct,
or intentional wrongdoing. This qualified immunity does not apply to acts or
omissions which occur with respect to the operation of a motor vehicle. Nothing
in this subsection provides immunity from liability for a violation of G.S.
130A-143. (1893, c. 214, s. 16; Rev., s. 4459; 1909,
c. 793, s. 8; C.S., s. 7158; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983,
c. 891, s. 2; 1987, c. 782, s. 14; 1991, c. 225, s. 1; 1995, c. 228, s. 1; 2001-28,
s. 2; 2004-80, s. 6; 2009-501, s. 2.)

§ 130A-145. Quarantine and isolation authority.

(a) The State Health Director and a local health
director are empowered to exercise quarantine and isolation authority.
Quarantine and isolation authority shall be exercised only when and so long as
the public health is endangered, all other reasonable means for correcting the
problem have been exhausted, and no less restrictive alternative exists.

(b) No person other than a person authorized by the
State Health Director or local health director shall enter quarantine or
isolation premises. Nothing in this subsection shall be construed to restrict
the access of authorized health care, law enforcement, or emergency medical
services personnel to quarantine or isolation premises as necessary in
conducting their duties.

(c) Before applying quarantine or isolation authority
to livestock or poultry for the purpose of preventing the direct or indirect
conveyance of an infectious agent to persons, the State Health Director or a
local health director shall consult with the State Veterinarian in the
Department of Agriculture and Consumer Services.

(d) When quarantine or isolation limits the freedom of
movement of a person or animal or of access to a person or animal whose freedom
of movement is limited, the period of limited freedom of movement or access
shall not exceed 30 calendar days. Any person substantially affected by that
limitation may institute in superior court in Wake County or in the county in
which the limitation is imposed an action to review that limitation. The
official who exercises the quarantine or isolation authority shall give the
persons known by the official to be substantially affected by the limitation
reasonable notice under the circumstances of the right to institute an action
to review the limitation. If a person or a person's representative requests a
hearing, the hearing shall be held within 72 hours of the filing of that
request, excluding Saturdays and Sundays. The person substantially affected by
that limitation is entitled to be represented by counsel of the person's own
choice or if the person is indigent, the person shall be represented by counsel
appointed in accordance with Article 36 of Chapter 7A of the General Statutes
and the rules adopted by the Office of Indigent Defense Services. The court
shall reduce or terminate the limitation unless it determines, by the
preponderance of the evidence, that the limitation is reasonably necessary to
prevent or limit the conveyance of a communicable disease or condition to
others.

If the State Health Director or the local health director
determines that a 30-calendar-day limitation on freedom of movement or access
is not adequate to protect the public health, the State Health Director or
local health director must institute in superior court in the county in which
the limitation is imposed an action to obtain an order extending the period of
limitation of freedom of movement or access. If the person substantially
affected by the limitation has already instituted an action in superior court
in Wake County, the State Health Director must institute the action in superior
court in Wake County or as a counterclaim in the pending case. Except as
provided below for persons with tuberculosis, the court shall continue the
limitation for a period not to exceed 30 days if it determines, by the
preponderance of the evidence, that the limitation is reasonably necessary to
prevent or limit the conveyance of a communicable disease or condition to
others. The court order shall specify the period of time the limitation is to
be continued and shall provide for automatic termination of the order upon
written determination by the State Health Director or local health director
that the quarantine or isolation is no longer necessary to protect the public
health. In addition, where the petitioner can prove by a preponderance of the
evidence that quarantine or isolation was not or is no longer needed for
protection of the public health, the person quarantined or isolated may move
the trial court to reconsider its order extending quarantine or isolation
before the time for the order otherwise expires and may seek immediate or
expedited termination of the order. Before the expiration of an order issued
under this section, the State Health Director or local health director may move
to continue the order for additional periods not to exceed 30 days each. If the
person whose freedom of movement has been limited has tuberculosis, the court
shall continue the limitation for a period not to exceed one calendar year if
it determines, by a preponderance of the evidence, that the limitation is
reasonably necessary to prevent or limit the conveyance of tuberculosis to
others. The court order shall specify the period of time the limitation is to
be continued and shall provide for automatic termination of the order upon
written determination by the State Health Director or local health director
that the quarantine or isolation is no longer necessary to protect the public
health. In addition, where the petitioner can prove by a preponderance of the
evidence that quarantine or isolation was not or is no longer needed for
protection of the public health, the person quarantined or isolated may move
the trial court to reconsider its order extending quarantine or isolation
before the time for the order otherwise expires and may seek immediate or
expedited termination of the order. Before the expiration of an order limiting
the freedom of movement of a person with tuberculosis, the State Health
Director or local health director may move to continue the order for additional
periods not to exceed one calendar year each. (1957,
c. 1357, s. 1; 1983, c. 891, s. 2; 1987, c. 782, s. 15; 2002-179, s. 5; 2004-80,
s. 2.)

§ 130A-146. Transportation of bodies of persons who have
died of reportable diseases.

No person shall transport in this State the remains of any
person who has died of a disease declared by the Commission to be reported
until the body has been encased in a manner as prescribed by rule by the
Commission. Only persons who have complied with the rules of the Commission
concerning the removal of dead bodies shall be issued a burial-transit permit. (1893, c. 214, s. 16; Rev., s. 4459; C.S., s. 7161; 1953, c.
675, s. 16; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)

§ 130A-147. Rules of the Commission.

For the protection of the public health, the Commission is
authorized to adopt rules for the detection, control and prevention of
communicable diseases. (1983, c. 891, s. 2.)

§ 130A-148. Laboratory tests for AIDS virus infection.

(a) For the protection of the public health, the
Commission shall adopt rules establishing standards for the certification of
laboratories to perform tests for Acquired Immune Deficiency Syndrome (AIDS)
virus infection. The rules shall address, but not be limited to, proficiency
testing, record maintenance, adequate staffing and confirmatory testing. Tests
for AIDS virus infection shall be performed only by laboratories certified
pursuant to this subsection and only on specimens submitted by a physician licensed
to practice medicine. This subsection shall not apply to testing performed
solely for research purposes under the approval of an institutional review
board.

(b) Prior to obtaining consent for donation of blood,
semen, tissue or organs, a facility or institution seeking to obtain blood,
tissue, semen or organs for transfusion, implantation, transplantation or
administration shall provide the potential donor with information about AIDS
virus transmission, and information about who should not donate.

(c) No blood or semen may be transfused or
administered when blood from the donor has not been tested or has tested
positive for AIDS virus infection by a standard laboratory test.

(d) No tissue or organs may be transplanted or
implanted when blood from the donor has not been tested or has tested positive
for AIDS virus infection by a standard laboratory test unless consent is
obtained from the recipient, or from the recipient's guardian or a responsible
adult relative of the recipient if the recipient is not competent to give such
consent.

(e) Any facility or institution that obtains or
transfuses, implants, transplants, or administers blood, tissue, semen, or
organs shall be immune from civil or criminal liability that otherwise might be
incurred or imposed for transmission of AIDS virus infection if the provisions
specified in subsections (b), (c), and (d) of this section have been complied
with.

(f) Specimens may be tested for AIDS virus infection
for research or epidemiologic purposes without consent of the person from whom
the specimen is obtained if all personal identifying information is removed
from the specimen prior to testing.

(g) Persons tested for AIDS virus infection shall be
notified of test results and counseled appropriately. This subsection shall
not apply to tests performed by or for entities governed by Article 39 of
Chapter 58 of the General Statutes, the Insurance Information and Privacy
Protection Act, provided that said entities comply with the notice requirements
thereof.

(h) The Commission may authorize or require laboratory
tests for AIDS virus infection when necessary to protect the public health.

A test for AIDS virus infection may also be performed upon
any person solely by order of a physician licensed to practice medicine in North
Carolina who is rendering medical services to that person when, in the
reasonable medical judgment of the physician, the test is necessary for the
appropriate treatment of the person; however, the person shall be informed that
a test for AIDS virus infection is to be conducted, and shall be given clear
opportunity to refuse to submit to the test prior to it being conducted, and
further if informed consent is not obtained, the test may not be performed. A
physician may order a test for AIDS virus infection without the informed
consent of the person tested if the person is incapable of providing or
incompetent to provide such consent, others authorized to give consent for the
person are not available, and testing is necessary for appropriate diagnosis or
care of the person.

An unemancipated minor may be tested for AIDS virus infection
without the consent of the parent or legal guardian of the minor when the
parent or guardian has refused to consent to such testing and there is
reasonable suspicion that the minor has AIDS virus or HIV infection or that the
child has been sexually abused.

(i) Except as provided in this section, no test for
AIDS virus infection shall be required, performed or used to determine
suitability for continued employment, housing or public services, or for the
use of places of public accommodation as defined in G.S. 168A-3(8), or public
transportation.

Further it shall be unlawful to discriminate against any
person having AIDS virus or HIV infection on account of that infection in determining
suitability for continued employment, housing, or public services, or for the
use of places of public accommodation, as defined in G.S. 168A-3(8), or public
transportation.

Any person aggrieved by an act or discriminatory practice
prohibited by this subsection relating to housing shall be entitled to
institute a civil action pursuant to G.S. 41A-7 of the State Fair Housing Act.
Any person aggrieved by an act or discriminatory practice prohibited by this
subsection other than one relating to housing may bring a civil action to
enforce rights granted or protected by this subsection.

The action shall be commenced in superior court in the county
where the alleged discriminatory practice or prohibited conduct occurred or
where the plaintiff or defendant resides. Such action shall be tried to the
court without a jury. Any relief granted by the court shall be limited to
declaratory and injunctive relief, including orders to hire or reinstate an
aggrieved person or admit such person to a labor organization.

In a civil action brought to enforce provisions of this
subsection relating to employment, the court may award back pay. Any such back
pay liability shall not accrue from a date more than two years prior to the
filing of an action under this subsection. Interim earnings or amounts
earnable with reasonable diligence by the aggrieved person shall operate to
reduce the back pay otherwise allowable. In any civil action brought under
this subsection, the court, in its discretion, may award reasonable attorney's
fees to the substantially prevailing party as a part of costs.

A civil action brought pursuant to this subsection shall be
commenced within 180 days after the date on which the aggrieved person became
aware or, with reasonable diligence, should have become aware of the alleged
discriminatory practice or prohibited conduct.

Nothing in this section shall be construed so as to prohibit
an employer from:

(1) Requiring a test for AIDS virus infection for job
applicants in preemployment medical examinations required by the employer;

(2) Denying employment to a job applicant based solely
on a confirmed positive test for AIDS virus infection;

(3) Including a test for AIDS virus infection performed
in the course of an annual medical examination routinely required of all
employees by the employer; or

(4) Taking the appropriate employment action, including
reassignment or termination of employment, if the continuation by the employee
who has AIDS virus or HIV infection of his work tasks would pose a significant
risk to the health of the employee, coworkers, or the public, or if the
employee is unable to perform the normally assigned duties of the job.

(j) It shall not be unlawful for a licensed health
care provider or facility to:

(1) Treat a person who has AIDS virus or HIV infection
differently from persons who do not have that infection when such treatment is
appropriate to protect the health care provider or employees of the provider or
employees of the facility while providing appropriate care for the person who
has the AIDS virus or HIV infection; or

(2) Refer a person who has AIDS virus or HIV infection
to another licensed health care provider or facility when such referral is for
the purpose of providing more appropriate treatment for the person with AIDS
virus or HIV infection. (1987, c. 782, s. 16; 1989, c.
698, s. 1; 1991, c. 720, s. 78.)

(a) By December 31, 2011, the Department, in
consultation with the State HAI Advisory Group and in accordance with rules
adopted by the Commission pursuant to subsection (b) of this section, shall
establish a statewide surveillance and reporting system for specified health
care-associated infections.

(b) The Commission shall adopt rules necessary to
implement the statewide surveillance and reporting system established pursuant
to subsection (a) of this section. The rules shall specify uniform standards
for surveillance and reporting of specified health care-associated infections
under the statewide surveillance and reporting system. The uniform standards
shall include at least all of the following:

(1) A preference for electronic surveillance of
specified health care-associated infections to the greatest extent practicable.

(c) Each hospital, as defined in G.S. 131E-76(3), is
subject to the statewide surveillance and reporting system established in
accordance with subsection (a) of this section and shall be responsible for
health care-associated infections surveillance and reporting of specified
health care-associated infections data to the Department through the Centers
for Disease Control and Prevention National Health Care Safety Network.

(d) The Department shall release to the public
aggregated and provider-specific data on health care-associated infections that
does not contain social security numbers or other personal identifying
information only if it deems the release of this data to be reliable and
necessary to protect the public's health.

(a) Every child present in this State shall be
immunized against diphtheria, tetanus, whooping cough, poliomyelitis, red
measles (rubeola) and rubella. In addition, every child present in this State
shall be immunized against any other disease upon a determination by the
Commission that the immunization is in the interest of the public health. Every
parent, guardian, person in loco parentis and person or agency, whether
governmental or private, with legal custody of a child shall have the
responsibility to ensure that the child has received the required immunization
at the age required by the Commission. If a child has not received the required
immunizations by the specified age, the responsible person shall obtain the
required immunization for the child as soon as possible after the lack of the
required immunization is determined.

(c) The Commission shall adopt and the Department
shall enforce rules concerning the implementation of the immunization program.
The rules shall provide for:

(1) The child's age at administration of each vaccine;

(2) The number of doses of each vaccine;

(3) Exemptions from the immunization requirements where
medical practice suggests that immunization would not be in the best health
interests of a specific category of children;

(4) The procedures and practices for administering the
vaccine; and

(5) Redistribution of vaccines provided to local health
departments.

(c1) The Commission for Public Health shall, pursuant to
G.S. 130A-152 and G.S. 130A-433, adopt rules establishing reasonable fees for the
administration of vaccines and rules limiting the requirements that can be
placed on children, their parents, guardians, or custodians as a condition for
receiving vaccines provided by the State. These rules shall become effective
January 1, 1994.

(d) Only vaccine preparations which meet the standards
of the United States Food and Drug Administration or its successor in licensing
vaccines and are approved for use by the Commission may be used.

(e) When the Commission requires immunization against
a disease not listed in paragraph (a) of this section, or requires an
additional dose of a vaccine, the Commission is authorized to exempt from the
new requirement children who are or who have been enrolled in school (K-12) on
or before the effective date of the new requirement. (1957,
c. 1357, s. 1; 1971, c. 191; 1973, c. 476, s. 128; c. 632, s. 1; 1975, c. 84;
1977, c. 160; 1979, c. 56, s. 1; 1983, c. 891, s. 2; 1985, c. 158; 1993, c.
321, s. 281(a); 2002-179, s. 10; 2007-182, s. 2.)

(a) The required immunization may be obtained from a
physician licensed to practice medicine, from a local health department, or in
the case of a person at least 18 years of age, from an immunizing pharmacist.
Local health departments shall administer required and State-supplied
immunizations at no cost to uninsured or underinsured patients with family
incomes below two hundred percent (200%) of the federal poverty level. A local
health department may redistribute these vaccines only in accordance with the
rules of the Commission.

(b) Local health departments shall file monthly
immunization reports with the Department. The report shall be filed on forms
prepared by the Department and shall state, at a minimum, each patient's age
and the number of doses of each type of vaccine administered.

(c) Immunization certificates and information
concerning immunizations contained in medical or other records shall, upon
request, be shared with the Department, local health departments, an immunizing
pharmacist, and the patient's attending physician. In addition, an insurance
institution, agent, or insurance support organization, as those terms are
defined in G.S. 58-39-15, may share immunization information with the
Department. The Commission may, for the purpose of assisting the Department in
enforcing this Part, provide by rule that other persons may have access to
immunization information, in whole or in part.

(d) A physician or local health department may immunize
a minor with the consent of a parent, guardian, or person standing in loco
parentis to the minor. A physician or local health department may also immunize
a minor who is presented for immunization by an adult who signs a statement
that he or she is authorized by a parent, guardian, or person standing in loco
parentis to the minor to obtain the immunization for the minor. (1957, c. 1357, s. 1; 1959, c. 177; 1965, c. 652; 1971, c.
191; 1973, c. 476, s. 128; 1979, c. 56, s. 1; 1983, c. 891, s. 2; 1985, c. 743,
ss. 1, 2; 1993, c. 134, s. 1; 1999-110, s. 2; 2009-451, s. 10.29A(a); 2010-31,
s. 10.13(b); 2013-246, s. 5.)

§ 130A-154. Certificate of immunization.

(a) A physician or local health department
administering a required vaccine shall give a certificate of immunization to
the person who presented the child for immunization. The certificate shall
state the name of the child, the name of the child's parent, guardian, or
person responsible for the child obtaining the required immunization, the
address of the child and the parent, guardian or responsible person, the date
of birth of the child, the sex of the child, the number of doses of the vaccine
given, the date the doses were given, the name and address of the physician or
local health department administering the required immunization and other
relevant information required by the Commission.

(b) Except as otherwise provided in this subsection, a
person who received immunizations in a state other than North Carolina shall
present an official certificate or record of immunization to the child care
facility, school (K-12), or college or university. This certificate or record
shall state the person's name, address, date of birth, and sex; the type and
number of doses of administered vaccine; the dates of the first MMR and the
last DTP and polio; the name and address of the physician or local health
department administering the required immunization; and other relevant
information required by the Commission. (1957, c.
1357, s. 1; 1959, c. 177; 1965, c. 652; 1971, c. 191; 1979, c. 56, s. 1; 1983,
c. 891, s. 2; 1999-110, s. 3.)

§ 130A-155. Submission of certificate to child care
facility, preschool and school authorities; record maintenance; reporting.

(a) No child shall attend a school (pre K-12), whether
public, private or religious, a child care facility as defined in G.S. 110-86(3),
unless a certificate of immunization indicating that the child has received the
immunizations required by G.S. 130A-152 is presented to the school or facility.
The parent, guardian, or responsible person must present a certificate of
immunization on the child's first day of attendance to the principal of the
school or operator of the facility, as defined in G.S. 110-86(7). If a
certificate of immunization is not presented on the first day, the principal or
operator shall present a notice of deficiency to the parent, guardian or
responsible person. The parent, guardian or responsible person shall have 30
calendar days from the first day of attendance to obtain the required
immunization for the child. If the administration of vaccine in a series of
doses given at medically approved intervals requires a period in excess of 30
calendar days, additional days upon certification by a physician may be allowed
to obtain the required immunization. Upon termination of 30 calendar days or
the extended period, the principal or operator shall not permit the child to
attend the school or facility unless the required immunization has been
obtained.

(b) The school or child care facility shall maintain
on file immunization records for all children attending the school or facility
which contain the information required for a certificate of immunization as
specified in G.S. 130A-154. These certificates shall be open to inspection by
the Department and the local health department during normal business hours.
When a child transfers to another school or facility, the school or facility
which the child previously attended shall, upon request, send a copy of the
child's immunization record at no charge to the school or facility to which the
child has transferred.

(c) The school shall file an annual immunization
report with the Department by November 1. The child care facility shall file an
immunization report annually with the Department. The report shall be filed on
forms prepared by the Department and shall state the number of children
attending the school or facility, the number of children who had not obtained the
required immunization within 30 days of their first attendance, the number of
children who received a medical exemption and the number of children who
received a religious exemption.

(d) Any adult who attends school (pre K-12), whether
public, private or religious, shall obtain the immunizations required in G.S.
130A-152 and shall present to the school a certificate in accordance with this
section. The physician or local health department administering a required
vaccine to the adult shall give a certificate of immunization to the person.
The certificate shall state the person's name, address, date of birth and sex;
the number of doses of the vaccine given; the date the doses were given; the
name and addresses of the physician or local health department administering
the required immunization; and other relevant information required by the
Commission. (1957, c. 1357, s. 1; 1959, c. 177; 1965,
c. 652; 1971, c. 191; 1973, c. 632, s. 2; 1979, c. 56, s. 1; 1981, c. 44; 1983,
c. 891, s. 2; 1997-506, s. 47; 1999-110, s. 4; 2007-187, s. 2.)

§ 130A-155.1. Submission of certificate to college or
universities.

(a) Except as otherwise provided in this section, no
person shall attend a college or university, whether public, private, or
religious, unless a certificate of immunization or a record of immunization
from a high school located in North Carolina indicating that the person has
received immunizations required by G.S. 130A-152 is presented to the college or
university. The person shall present a certificate or record of immunization on
or before the date the person first registers for a quarter or semester during
which the student will reside on the campus or first registers for more than
four traditional day credit hours to the registrar of the college or university.
If a certificate or record of immunization is not in the possession of the
college or university on the date of first registration, the college or
university shall present a notice of deficiency to the student. The student
shall have 30 calendar days from the date of the student's first registration
to obtain the required immunization. If immunization requires a series of doses
and the period necessary to give the vaccine at standard intervals extends
beyond the date of the first registration, the student shall be allowed to
attend the college or university upon written certification by a physician that
the standard series is in progress. The physician shall state the time period
needed to complete the series. Upon termination of this time period, the college
or university shall not permit the student to continue in attendance unless the
required immunization has been obtained.

(b) The college or university shall maintain on file
immunization records for all students attending the school which contain the
information required for a certificate of immunization as specified in G.S.
130A-154. These certificates shall be open to inspection by the Department and
the local health department during normal business hours. When a student
transfers to another college or university, the college or university which the
student previously attended shall, upon request, send a copy of the student's
immunization record at no charge to the college or university to which the
student has transferred.

(c) Within 60 calendar days after the commencement of
a new school year, the college or university shall file an immunization report
with the Department. The report shall be filed on forms prepared by the
Department and shall state the number of students attending the school or facility,
the number of students who had not obtained the required immunization within 30
days of their first attendance, the number of students who received a medical
exemption and the number of students who received a religious exemption.

(d) Repealed by Session Laws 1999-110, s. 5.

(e) The provisions of this section shall not apply to:

(1) Educational institutions established under Chapter
115D of the General Statutes.

(2) Students residing off-campus and registering for
any combination of:

The Commission for Public Health shall adopt by rule medical
contraindications to immunizations required by G.S. 130A-152. If a physician
licensed to practice medicine in this State certifies that a required
immunization is or may be detrimental to a person's health due to the presence
of one of the contraindications adopted by the Commission, the person is not
required to receive the specified immunization as long as the contraindication
persists. The State Health Director may, upon request by a physician licensed
to practice medicine in this State, grant a medical exemption to a required
immunization for a contraindication not on the list adopted by the Commission. (1957, c. 1357, s. 1; 1959, c. 177; 1965, c. 652; 1971, c.
191; 1979, c. 56, s. 1; 1983, c. 891, s. 2; 1987, c. 782, s. 18; 1989, c. 122;
1999-110, s. 6; 2007-182, s. 2.)

§ 130A-157. Religious exemption.

If the bona fide religious beliefs of an adult or the parent,
guardian or person in loco parentis of a child are contrary to the immunization
requirements contained in this Chapter, the adult or the child shall be exempt
from the requirements. Upon submission of a written statement of the bona fide
religious beliefs and opposition to the immunization requirements, the person
may attend the college, university, school or facility without presenting a
certificate of immunization. (1957, c. 1357, s. 1;
1959, c. 177; 1965, c. 652; 1971, c. 191; 1979, c. 56, s. 1; 1983, c. 891, s.
2; 1985, c. 692, s. 2; 2002-179, s. 17.)

Immunization program providers shall be liable for
restitution to the State for the cost of replacement vaccine when vaccine in
the provider's inventory has become spoiled or unstable due to the provider's
negligence and unreasonable failure to properly handle or store the vaccine. (2001-424, s. 21.86(a).)

(1) Animal Control Officer. - A city or county employee
whose responsibility includes animal control. The term "Animal Control
Officer" also includes agents of a private organization that is operating
an animal shelter under contract with a city or county whenever those agents
are performing animal control functions at the shelter.

(2) Cat. - A domestic feline of the genus and species
Felis catus.

(3) Certified rabies vaccinator. - A person appointed
and certified to administer rabies vaccine to animals in accordance with this
Part.

(a) Vaccination required. - The owner of an animal
listed in this subsection over four months of age shall have the animal
vaccinated against rabies:

(1) Cat.

(2) Dog.

(3) Ferret.

(b) Vaccination. - Only animal rabies vaccine licensed
by the United States Department of Agriculture and approved by the Commission
shall be used on animals in this State. A rabies vaccine may only be
administered by one or more of the following:

(1) A licensed veterinarian.

(2) A registered veterinary technician under the direct
supervision of a licensed veterinarian.

In those counties where licensed veterinarians are not
available to participate in all scheduled county rabies control clinics, the
local health director shall appoint one or more persons for the purpose of
administering rabies vaccine to animals in that county. Whether or not licensed
veterinarians are available, the local health director may appoint one or more
persons for the purpose of administering rabies vaccine to animals in their
county and these persons will make themselves available to participate in the
county rabies control program. The State Public Health Veterinarian shall
provide at least four hours of training to those persons appointed by the local
health director to administer rabies vaccine. Upon satisfactory completion of
the training, the State Public Health Veterinarian shall certify in writing
that the appointee has demonstrated a knowledge and procedure acceptable for
the administration of rabies vaccine to animals. A certified rabies vaccinator
shall be authorized to administer rabies vaccine to animals in the county until
the appointment by the local health director has been terminated. (1935, c. 122, s. 3; 1941, c. 259, s. 3; 1953, c. 876, s. 3;
1957, c. 1357, s. 4; 1983, c. 891, s. 2.)

§ 130A-187. County rabies vaccination clinics.

(a) Local Clinics. - The local health director shall
organize or assist other county departments to organize at least one countywide
rabies vaccination clinic per year for the purpose of vaccinating animals
required to be vaccinated under this Part. Public notice of the time and place
of rabies vaccination clinics shall be published in a newspaper having general
circulation within the area.

(b) Fee. - The county board of commissioners may
establish a fee to be charged for a rabies vaccination given at a county rabies
vaccination clinic. The fee amount may consist of the following:

(1) A charge for administering and storing the vaccine,
not to exceed ten dollars ($10.00).

A person who administers a rabies vaccine shall complete a
rabies vaccination certificate. The Commission shall adopt rules specifying the
information that must be included on the certificate. An original rabies
vaccination certificate shall be given to the owner of the animal that receives
the rabies vaccine. A copy of the rabies vaccination certificate shall be
retained by the licensed veterinarian or the certified rabies vaccinator. A
copy shall also be given to the county agency responsible for animal control,
provided the information given to the county agency shall not be used for
commercial purposes. (1935, c. 122, s. 6; 1941, c.
259, s. 5; 1959, c. 352; 1983, c. 891, s. 2; 1993, c. 245, s. 1; 2009-327, s.
5.)

§ 130A-190. Rabies vaccination tags.

(a) Issuance. - A person who administers a rabies
vaccine shall issue a rabies vaccination tag to the owner of the animal. The
rabies vaccination tag shall show the year issued, a vaccination number, the
words "North Carolina" or the initials "N.C." and the words
"rabies vaccine." Dogs shall wear rabies vaccination tags at all
times. Cats and ferrets must wear rabies vaccination tags unless they are
exempt from wearing the tags by local ordinance.

(b) Fee. - Rabies vaccination tags, links, and rivets
may be obtained from the Department of Health and Human Services. The Secretary
is authorized to collect a fee for the rabies tags, links, and rivets in
accordance with this subsection. The fee for each tag is the sum of the
following:

(1) The actual cost of the rabies tag, links, and
rivets.

(2) Transportation costs.

(3) Fifteen cents (15˘). This portion of the fee shall
be used to fund rabies education and prevention programs.

It shall be unlawful for persons other than licensed
veterinarians, certified rabies vaccinators and persons engaged in the
distribution of rabies vaccine to possess rabies vaccine. Persons engaged in the
distribution of vaccines may distribute, sell and offer to sell rabies vaccine
only to licensed veterinarians and certified rabies vaccinators. (1987, c. 218.)

§ 130A-192. Animals not wearing required rabies vaccination
tags.

(a) The Animal Control Officer shall canvass the
county to determine if there are any animals not wearing the required rabies
vaccination tag. If an animal required to wear a tag is found not wearing one,
the Animal Control Officer shall check to see if the owner's identification can
be found on the animal. If the animal is wearing an owner identification tag
with information enabling the owner of the animal to be contacted, or if the
Animal Control Officer otherwise knows who the owner is, the Animal Control
Officer shall notify the owner in writing to have the animal vaccinated against
rabies and to produce the required rabies vaccination certificate to the Animal
Control Officer within three days of the notification. If the animal is not
wearing an owner identification tag and the Animal Control Officer does not
otherwise know who the owner is, the Animal Control Officer may impound the
animal. The duration of the impoundment of these animals shall be established
by the county board of commissioners, but the duration shall not be less than
72 hours. During the impoundment period, the Animal Control Officer shall make
a reasonable effort to locate the owner of the animal. If the Animal Control
Officer has access at no cost or at a reasonable cost to a microchip scanning
device, the Animal Control Officer shall scan the animal and utilize any
information that may be available through a microchip to locate the owner of
the animal, if possible. If the animal is not reclaimed by its owner during the
impoundment period, the animal shall be disposed of in one of the following
manners: returned to the owner; adopted as a pet by a new owner; or put to
death by a procedure approved by rules adopted by the Department of Agriculture
and Consumer Services or, in the absence of such rules, by a procedure approved
by the American Veterinary Medical Association, the Humane Society of the
United States or of the American Humane Association.

(a1) Before an animal may be put to death, it shall be
made available for adoption as provided in G.S. 19A-32.1.

(a3) The Animal Control Officer shall maintain a record
of all animals impounded under this section which shall include the date of
impoundment, the length of impoundment, the method of disposal of the animal
and the name of the person or institution to whom any animal has been released.

§ 130A-193. Vaccination and confinement of animals brought
into this State.

(a) Vaccination Required. - An animal brought into
this State that is required to be vaccinated under this Part shall immediately
be securely confined and shall be vaccinated against rabies within one week
after entry. The animal shall remain confined for two weeks after vaccination.

(1) An animal brought into this State for exhibition
purposes if the animal is confined and not permitted to run at large.

(2) An animal brought into this State accompanied by a
certificate issued by a licensed veterinarian showing that the animal is
apparently free from and has not been exposed to rabies and that the animal is
currently vaccinated against rabies. (1935, c. 122,
s. 11; 1983, c. 891, s. 2; 2009-327, s. 8.)

§ 130A-194. Quarantine of districts infected with rabies.

An area may be declared under quarantine against rabies by
the local health director when the disease exists to the extent that the lives
of persons are endangered. When quarantine is declared, each animal in the area
that is required to be vaccinated under this Part shall be confined on the
premises of the owner or in a veterinary hospital unless the animal is on a
leash or under the control and in the sight of a responsible adult. (1935, c. 122, s. 12; 1941, c. 259, s. 9; 1949, c. 645, s.
3; 1953, c. 876, s. 8; 1957, c. 1357, s. 8; 1983, c. 891, s. 2; 2009-327, s.
9.)

When quarantine has been declared and stray or feral animals
continue to run uncontrolled in the area, any peace officer or Animal Control
Officer shall have the right, after reasonable effort has been made to
apprehend the animals, to destroy the stray or feral animals and properly
dispose of their bodies. (1935, c. 122, s. 13; 1953,
c. 876, s. 9; 1983, c. 891, s. 2; 2009-327, s. 10.)

§ 130A-196. Notice and confinement of biting animals.

(a) Notice. - When a person has been bitten by an
animal required to be vaccinated under this Part, the person or parent,
guardian or person standing in loco parentis of the person, and the person
owning the animal or in control or possession of the animal shall notify the
local health director immediately and give the name and address of the person
bitten and the owner of the animal. If the animal that bites a person is a
stray or feral animal, the local agency responsible for animal control shall
make a reasonable attempt to locate the owner of the animal. If the owner
cannot be identified within 72 hours of the event, the local health director
may authorize the animal be euthanized, and the head of the animal shall be
immediately sent to the State Laboratory of Public Health for rabies diagnosis.
If the event occurs on a weekend or State holiday the time period for owner
identification shall be extended 24 hours.

A physician who attends a person bitten by an animal known to
be a potential carrier of rabies shall report the incident within 24 hours to
the local health director. The report must include the name, age, and sex of
the person.

(b) Confinement. - When an animal required to be
vaccinated under this Part bites a person, the animal shall be immediately
confined for 10 days in a place designated by the local health director. The
local health director may authorize a dog trained and used by a law enforcement
agency to be released from confinement to perform official duties upon
submission of proof that the dog has been vaccinated for rabies in compliance
with this Part. After reviewing the circumstances of the particular case, the
local health director may allow the owner to confine the animal on the owner's
property. An owner who fails to confine an animal in accordance with the
instructions of the local health director shall be guilty of a Class 2
misdemeanor. If the owner or the person who controls or possesses the animal
that has bitten a person refuses to confine the animal as required by this
subsection, the local health director may order seizure of the animal and its
confinement for 10 days at the expense of the owner. (1935,
c. 122, s. 17; 1941, c. 259, s. 11; 1953, c. 876, s. 13; 1957, c. 1357, s. 9;
1977, c. 628; 1983, c. 891, s. 2; 1985, c. 674; 1989, c. 298; 1993, c. 539, s.
950; 1994, Ex. Sess., c. 24, s. 14(c); 2009-327, s. 11.)

When the local health director reasonably suspects that an
animal required to be vaccinated under this Part has been exposed to the saliva
or nervous tissue of a proven rabid animal or animal reasonably suspected of having
rabies that is not available for laboratory diagnosis, the animal shall be
considered to have been exposed to rabies. An animal exposed to rabies shall be
destroyed immediately by its owner, the county Animal Control Officer or a
peace officer unless the animal has been vaccinated against rabies in
accordance with this Part and the rules of the Commission more than 28 days
prior to being exposed, and is given a booster dose of rabies vaccine within
five days of the exposure. As an alternative to destruction, the animal may be
quarantined at a facility approved by the local health director for a period up
to six months, and under reasonable conditions imposed by the local health
director. (1935, c. 122, s. 14; 1953, c. 876, s. 10;
1983, c. 891, s. 2; 2000-163, s. 4; 2009-327, s. 12.)

§ 130A-198. Confinement.

A person who owns or has possession of an animal which is
suspected of having rabies shall immediately notify the local health director
or county Animal Control Officer and shall securely confine the animal in a
place designated by the local health director. The animal shall be confined for
a period of 10 days. Other animals may be destroyed at the discretion of the
State Public Health Veterinarian. (1935, c. 122, s.
15; c. 344; 1941, c. 259, s. 10; 1953, c. 876, s. 11; 1983, c. 891, s. 2; 2009-327,
s. 13.)

§ 130A-199. Rabid animals to be destroyed; heads to be sent
to State Laboratory of Public Health.

An animal diagnosed as having rabies by a licensed
veterinarian shall be destroyed and its head sent to the State Laboratory of
Public Health. The heads of all animals that die during a confinement period
required by this Part shall be immediately sent to the State Laboratory of
Public Health for rabies diagnosis. (1935, c. 122, s.
16; 1953, c. 876, s. 12; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 2009-327, s.
14.)

§ 130A-200. Confinement or leashing of vicious animals.

A local health director may declare an animal to be vicious
and a menace to the public health when the animal has attacked a person causing
bodily harm without being teased, molested, provoked, beaten, tortured or
otherwise harmed. When an animal has been declared to be vicious and a menace
to the public health, the local health director shall order the animal to be
confined to its owner's property. However, the animal may be permitted to leave
its owner's property when accompanied by a responsible adult and restrained on
a leash. (1935, c. 122, s. 18; 1953, c. 876, s. 14;
1983, c. 891, s. 2.)

§ 130A-201. Rabies emergency.

A local health director in whose county or district rabies is
found in the wild animal population as evidenced by a positive diagnosis of
rabies in the past year in any wild animal, except a bat, may petition the
State Health Director to declare a rabies emergency in the county or district.
In determining whether a rabies emergency exists, the State Health Director
shall consult with the Public Health Veterinarian and the State Agriculture
Veterinarian and may consult with any other source of veterinary expertise the
State Health Director deems advisable. Upon finding that a rabies emergency
exists in a county or district, the State Health Director shall petition the
Executive Director of the Wildlife Resources Commission to develop a plan
pursuant to G.S. 113-291.2(a1) to reduce the threat of rabies exposure to
humans and domestic animals by foxes, raccoons, skunks, or bobcats in the county
or district. Upon determination by the State Health Director that the rabies
emergency no longer exists for a county or district, the State Health Director
shall immediately notify the Executive Director of the Wildlife Resources
Commission. (1997-402, s. 1.)

§ 130A-202. Reserved for future codification purposes.

§ 130A-203. Reserved for future codification purposes.

§ 130A-204. Reserved for future codification purposes.

Article 7.

Chronic Disease.

Part 1. Cancer.

§ 130A-205. Administration of program; rules.

(a) The Department shall establish and administer a
program for the prevention and detection of cancer and the care and treatment
of persons with cancer.

The Department shall provide financial aid for diagnosis and
treatment of cancer to indigent citizens of this State having or suspected of
having cancer. The Department may make facilities for diagnosis and treatment
of cancer available to all citizens. Reimbursement shall only be provided for
diagnosis and treatment performed in a medical facility which meets the minimum
requirements for cancer control established by the Commission. The Commission
shall adopt rules specifying the terms and conditions by which the patients
may receive financial aid. (1945, c. 1050, s. 2; 1957,
c. 1357, s. 1; 1973, c. 476, s. 128; 1981, c. 345, s. 2; 1983, c. 891, s. 2.)

§ 130A-209. Incidence reporting of cancer; charge for
collection if failure to report.

(a) By no later than October 1, 2014, all health care
facilities and health care providers that detect, diagnose, or treat cancer or
benign brain or central nervous system tumors shall submit by electronic
transmission a report to the central cancer registry each diagnosis of cancer
or benign brain or central nervous system tumors in any person who is screened,
diagnosed, or treated by the facility or provider. The electronic transmission
of these reports shall be in a format prescribed by the United States
Department of Health and Human Services, Centers for Disease Control and
Prevention, National Program of Cancer Registries. The reports shall be made
within six months after diagnosis. Diagnostic, demographic and other
information as prescribed by the rules of the Commission shall be included in
the report.

(b) If a health care facility or health care provider
fails to report as required under this section, then the central cancer
registry may conduct a site visit to the facility or provider or be provided
access to the information from the facility or provider and report it in the
appropriate format. The Commission may adopt rules requiring that the facility
or provider reimburse the registry for its cost to access and report the
information in an amount not to exceed one hundred dollars ($100.00) per case.
Thirty days after the expiration of the six-month period for reporting under
subsection (a) of this section, the registry shall send notice to each facility
and provider that has not submitted a report as of that date that failure to
file a report within 30 days shall result in collection of the data by the
registry and liability for reimbursement imposed under this section. Failure to
receive or send the notice required under this section shall not be construed
as a waiver of the reporting requirement. For good cause, the central cancer
registry may grant an additional 30 days for reporting.

(c) As used in this section, the term:

(1) "Health care facility" or
"facility" means any hospital, clinic, or other facility that is
licensed to administer medical treatment or the primary function of which is to
provide medical treatment in this State. The term includes health care facility
laboratories and independent pathology laboratories;

The clinical records or reports of individual patients shall
be confidential and shall not be public records open to inspection. The
Commission shall provide by rule for the use of the records and reports for
medical research. (1981, c. 345, s. 2; 1983, c. 891,
s. 2.)

§ 130A-213. Cancer Committee of the North Carolina Medical
Society.

In implementing this Part, the Department shall consult with
the Cancer Committee of the North Carolina Medical Society. The Committee shall
consist of at least one physician from each congressional district. Any
proposed rules or reports affecting the operation of the cancer control program
shall be reviewed by the Committee for comment prior to adoption. (1945, c. 1050, s. 9; 1957, c. 1357, s. 1; 1973, c. 476, s.
128; 1981, c. 345, s. 2; 1983, c. 891, s. 2.)

The Secretary shall make a report to the Governor and the
General Assembly specifying the activities of the cancer control program and
its budget. The report shall be made to the Governor annually and to the
General Assembly biennially. (1981, c. 345, s. 2;
1983, c. 891, s. 2.)

(a) All health care facilities that perform
mammography examinations shall include in the summary of the mammography
report, required by federal law to be provided to a patient, information that
identifies the patient's individual breast density classification based on the
Breast Imaging Reporting and Data System established by the American College of
Radiology. If the facility determines that a patient has heterogeneously or
extremely dense breasts, the summary of the mammography report shall include
the following notice:

"Your mammogram indicates that you may have dense breast
tissue. Dense breast tissue is relatively common and is found in more than
forty percent (40%) of women. The presence of dense tissue may make it more
difficult to detect abnormalities in the breast and may be associated with an
increased risk of breast cancer. We are providing this information to raise
your awareness of this important factor and to encourage you to talk with your
physician about this and other breast cancer risk factors. Together, you can
decide which screening options are right for you. A report of your results was
sent to your physician."

(b) Patients who receive diagnostic or screening
mammograms may be directed to informative material about breast density. This
informative material may include the American College of Radiology's most
current brochure on the subject of breast density. (2013-321,
s. 1.)

§ 130A-216. Cancer patient navigation program.

The Department shall establish a cancer patient navigation
program under the Breast and Cervical Cancer Control Program. The purpose of
the program shall be to provide education about and assistance with the
management of cancer. At a minimum, the program shall do the following:

(1) Initially serve breast and cervical cancer patients
statewide with the intent of future expansion to all other cancer types.

(2) Employ a multidisciplinary team approach to assist
cancer patients in identifying and gaining access to available health care,
financial and legal assistance, transportation, psychological support, and
other related issues.

(3) Work with an existing cancer service agency that is
not affiliated with a particular health care institution so that program
clients may have access to any cancer health care facility in the State. (2009-502, s. 1.)

§ 130A-217. Reserved for future codification purposes.

§ 130A-218. Reserved for future codification purposes.

§ 130A-219. Reserved for future codification purposes.

Part 2. Chronic Renal Disease.

§ 130A-220. Department to establish program.

(a) The Department shall establish and administer a
program for the detection and prevention of chronic renal disease and the care
and treatment of persons with chronic renal disease. The program may include:

(1) Development of services for the prevention of
chronic renal disease;

(2) Development and expansion of services for the care
and treatment of persons with chronic renal disease, including techniques which
will have a lifesaving effect in the care and treatment of those persons;

(3) Provision of financial assistance on the basis of
need for diagnosis and treatment of persons with chronic renal disease;

(4) Equipping dialysis and transplantation centers; and

(5) Development of an education program for physicians,
hospitals, local health departments and the public concerning chronic renal
disease.

(a) The Department may establish and administer a
program for the detection and prevention of glaucoma and diabetes and the care
and treatment of persons with glaucoma and diabetes. The program may include:

(1) Education of patients, health care personnel and
the public;

(2) Development and expansion of services to persons
with glaucoma and diabetes; and

(3) Provision of supplies, equipment and medication for
detection and control of glaucoma and diabetes.

(a) The Division of Medical Assistance and the
Diabetes Prevention and Control Branch of the Division of Public Health, within
the Department of Health and Human Services; in addition to the State Health
Plan Division within the Department of State Treasurer; shall work
collaboratively to each develop plans to reduce the incidence of diabetes, to
improve diabetes care, and to control the complications associated with
diabetes. Each entity's plans shall be tailored to the population the entity
serves and must establish measurable goals and objectives.

(b) On or before January 1 of each odd-numbered year,
the entities referenced in subsection (a) of this section shall collectively
submit a report to the Joint Legislative Oversight Committee on Health and
Human Services and the Fiscal Research Division. The report shall provide the
following:

(1) An assessment of the financial impact that each
type of diabetes has on each entity and collectively on the State. This
assessment shall include: the number of individuals with diabetes served by the
entity, the cost of diabetes prevention and control programs implemented by the
entity, the financial toll or impact diabetes and related complications places
on the program, and the financial toll or impact diabetes and related
complications places on each program in comparison to other chronic diseases
and conditions.

(2) A description and an assessment of the
effectiveness of each entity's programs and activities implemented to prevent
and control diabetes. For each program and activity, the assessment shall
document the source and amount of funding provided to the entity, including
funding provided by the State.

(3) A description of the level of coordination that
exists among the entities referenced in subsection (a) of this section, as it
relates to activities, programs, and messaging to manage, treat, and prevent
all types of diabetes and the complications from diabetes.

(4) The development of and revisions to detailed action
plans for preventing and controlling diabetes and related complications. The
plans shall identify proposed action steps to reduce the impact of diabetes,
pre-diabetes, and related diabetic complications; identify expected outcomes
for each action step; and establish benchmarks for preventing and controlling
diabetes.

(5) A detailed budget identifying needs, costs, and
resources required to implement the plans identified in subdivision (4) of this
subsection, including a list of actionable items for consideration by the
Committee. (2013-192, s. 1; 2014-100, s. 12E.7.)

§ 130A-221.5. Diabetes education as part of well-child care.

Each physician, physician assistant, or certified nurse
practitioner who provides well-child care is encouraged to educate and discuss
the warning signs of Type I diabetes and symptoms with each parent for each
child under the care of the physician, physician assistant, or certified nurse
practitioner at least once at the following age intervals:

(1) Birth.

(2) Twelve months of age.

(3) Twenty-four months of age.

(4) Thirty-six months of age.

(5) Forty-eight months of age.

(6) Sixty months of age. (2015-273,
s. 1.)

Part 4. Arthritis.

§ 130A-222. Department to establish program.

(a) The Department shall establish and administer a
program for the detection and prevention of arthritis and the care and
treatment of persons with arthritis. The purpose of the program shall be:

(1) To improve professional education for physicians
and allied health professionals including nurses, physical and occupational
therapists and social workers;

(2) To conduct programs of public education and
information;

(3) To provide detection and treatment programs and
services for the at-risk population of this State;

(4) To utilize the services available at the State
medical schools, existing arthritis rehabilitation centers and existing local
arthritis clinics and agencies;

(5) To develop an arthritis outreach clinical system;

(6) To develop and train personnel at clinical
facilities for diagnostic work-up, laboratory analysis and consultations with
primary physicians regarding patient management; and

(7) To develop the epidemiologic studies to determine
frequency and distribution of the disease.

The Department's Divisions of Public Health and Medical
Assistance and the Division in the Department of State Treasurer responsible
for the State Health Plan for Teachers and State Employees shall collaborate to
reduce the incidence of chronic disease and improve chronic care coordination
within the State by doing all of the following:

(1) Identifying goals and benchmarks for the reduction
of chronic disease.

(2) Developing wellness and prevention plans
specifically tailored to each of the Divisions.

(3) Submitting an annual report on or before January 1
of each odd-numbered year to the Senate Appropriations Committee on Health and
Human Services, the House Appropriations Subcommittee on Health and Human
Services, the Joint Legislative Oversight Committee on Health and Human
Services, and the Fiscal Research Division that includes at least all of the
following:

a. The financial impact and magnitude of the chronic
health conditions in this State that are most likely to cause death and
disability, including, but not limited to, chronic cardiovascular disease,
oncology, stroke, chronic lung disease, and chronic metabolic disease. As used
in this subdivision, the term "chronic cardiovascular disease"
includes heart disease and hypertension; the term "chronic metabolic
disease" includes diabetes and obesity; and the term "chronic lung
disease" means asthma and chronic obstructive pulmonary disease.

b. An assessment of the benefits derived from wellness
and prevention programs and activities implemented within the State with the
goal of coordinating chronic care. This assessment shall include a breakdown of
the amount of all State, federal, and other funds appropriated to the
Department for wellness and prevention programs and activities for the
detection, prevention, and treatment of persons with multiple chronic health
conditions, at least one of which is a condition identified in sub-subdivision
a. of this subdivision.

c. A description of the level of coordination among
the Divisions of Public Health and Medical Assistance and the Division in the
Department of State Treasurer responsible for the State Health Plan for
Teachers and State Employees with respect to activities, programs, and public
education on the prevention, treatment, and management of the chronic health
conditions identified in sub-subdivision a. of this subdivision.

d. Detailed action plans for care coordination of
multiple chronic health conditions in the same patient, including a range of
recommended legislative actions. The action plans shall identify proposed
action steps to reduce the financial impact of the chronic health conditions
identified in sub-subdivision a. of this subdivision, including (i) adjustment
of hospital readmission rates, (ii) development of transitional care plans,
(iii) implementation of comprehensive medication management, as described by
the Patient-Centered Primary Care Collaborative, to help patients achieve
improved clinical and therapeutic outcomes, and (iv) adoption of standards
related to quality that are publicly reported evidence-based measures endorsed
through a multistakeholder process such as the National Quality Forum. The
action plans shall also identify expected outcomes of these proposed action
steps during the succeeding fiscal biennium and establish benchmarks for
coordinating care and reducing the incidence of multiple chronic health
conditions.

e. A detailed budget identifying all costs associated
with implementing the action plans identified in sub-subdivision d. of this
subdivision. (2013-207, s. 2.)

Part 5. Adult Health.

§ 130A-223. Department to establish program.

(a) The Department shall establish and administer a
program for the prevention of diseases, disabilities and accidents that
contribute significantly to mortality and morbidity among adults. The program
may also provide for the care and treatment of persons with these diseases or
disabilities.

The Department of Health and Human Services, Division of
Public Health, Chronic Disease and Injury Prevention Section, shall work to
expand the State's attention and focus on the prevention of disease and
improvement in the quality of life for men over their entire lifespan. The
Department shall develop strategies for achieving these goals, which shall
include, but not be limited to, all of the following:

(1) Developing a strategic plan to improve health care
services.

(2) Building public health awareness.

(3) Developing initiatives within existing programs.

(4) Pursuing federal and State funding for the
screening, early detection, and treatment of prostate cancer and other diseases
affecting men's health. (2013-360, s. 12E.7.)

Part 6. Injury Prevention.

§ 130A-224. Department to establish program.

To protect and enhance the public health, welfare, and
safety, the Department shall establish and administer a comprehensive statewide
injury prevention program. The Department shall designate the Division of
Public Health as the lead agency for injury prevention activities. The Division
of Public Health shall:

(1) Develop a comprehensive State plan for injury
prevention;

(2) Maintain an injury prevention program that includes
data collection, surveillance, and education and promotes injury control
activities; and

(3) Develop collaborative relationships with other State
agencies and private and community organizations to establish programs
promoting injury prevention. (2007-187, s. 3.)

§ 130A-225. Reserved for future codification purposes.

§ 130A-226. Reserved for future codification purposes.

Article 8.

Sanitation.

Part 1. General.

§ 130A-227. Department to establish program; definitions.

(a) For the purpose of promoting a safe and healthful
environment and developing corrective measures required to minimize
environmental health hazards, the Department shall establish a sanitation
program. The Department shall employ environmental engineers, sanitarians, soil
scientists and other scientific personnel necessary to carry out the sanitation
provisions of this Chapter and the rules of the Commission.

(a) For protection of the public health, the
Commission shall adopt rules to establish sanitation requirements for all
institutions and facilities at which individuals are provided room or board and
for which a license to operate is required to be obtained or a certificate for
payment is obtained from the Department. The rules shall also apply to
facilities that provide room and board to individuals but are exempt from
licensure under G.S. 131D-10.4(1). No other State agency may adopt rules to
establish sanitation requirements for these institutions and facilities. The
Department shall issue a license to operate or a certificate for payment to
such an institution or facility only upon compliance with all applicable
sanitation rules of the Commission, and the Department may suspend or revoke a
license or a certificate for payment for violation of these rules. In adopting
rules pursuant to this section, the Commission shall define categories of
standards to which such institutions and facilities shall be subject and shall
establish criteria for the placement of any such institution or facility into
one of the categories. This section shall not apply to State institutions and
facilities subject to inspection under G.S. 130A-5(10). This section shall not
apply to a single-family dwelling that is used for a family foster home or a
therapeutic foster home, as those terms are defined in G.S. 131D-10.2.

(a1) Notwithstanding any law, rule, or policy to the
contrary, the frequency of food service inspections in nursing homes or nursing
home beds licensed under Part 1 of Article 5 of Chapter 131E of the General
Statutes or Part 1 of Article 6 of Chapter 131E of the General Statutes that
are also certified by the Centers for Medicare and Medicaid Services shall be
reduced to a minimum of two inspections per year until October 1, 2012, and
thereafter reduced to a minimum of one inspection per year, if the facility
achieves a grade "A" sanitation score. If the facility receives a
grade "B" or lower on its annual food service inspection, the county
may conduct inspections until the food service operation achieves a grade
"A" sanitation score. Nothing in this section prohibits the county
from conducting an evaluation or inspection in response to a complaint or in
the interest of public safety.

(b) Rules that establish a minimum distance from a
building foundation for a water supply well shall provide that an institution
or facility located in a single-family dwelling served by a water supply well
that is located closer to a building foundation than the minimum distance
specified in the rules may be licensed or approved if the results of water
testing meet or exceed standards established by the Commission and there are no
other potential health hazards associated with the well. At the time of
application for licensure or approval, water shall be sampled and tested for
pesticides, nitrates, and bacteria. Thereafter, water shall be sampled and
tested at intervals determined by the Commission but not less than annually. A
registered sanitarian or other health official who is qualified by training and
experience shall collect the water samples as required by this subsection and
may examine the well location to determine if there are other potential health
hazards associated with the well. A well shall comply with all other applicable
sanitation requirements established by the Commission.

For the protection of the public health, the Commission shall
adopt rules to establish sanitation requirements for public, private and
religious schools. The rules shall address, but not be limited to, the
cleanliness of floors, walls, ceilings, storage spaces and other areas;
adequacy of lighting, ventilation, water supply, toilet and lavatory
facilities; sewage collection, treatment and disposal facilities; and solid
waste disposal. The Department shall inspect schools at least annually. The
Department shall submit written inspection reports of public schools to the
State Board of Education and written inspection reports of private and
religious schools to the Department of Administration. (1973, c. 1239, s. 1; 1983, c. 891, s. 2; 1993, c. 522, s.
11.)

§ 130A-237. Corrective action.

A principal or administrative head of a public, private, or
religious school shall immediately take action to correct conditions that do
not satisfy the sanitation rules. (1973, c. 1239, s.
2; 1983, c. 891, s. 2; 1993, c. 262, s. 6.)

§ 130A-238: Repealed.

§ 130A-239: Repealed.

§ 130A-240: Repealed.

§ 130A-241: Repealed.

§ 130A-242: Repealed.

§ 130A-243: Repealed.

§ 130A-244: Repealed.

§ 130A-245: Repealed.

§ 130A-246: Repealed.

Part 6. Regulation of Food and Lodging Facilities.

§ 130A-247. Definitions.

The following definitions shall apply throughout this Part:

(1) "Establishment" means (i) an
establishment that prepares or serves drink, (ii) an establishment that
prepares or serves food, (iii) an establishment that provides lodging, (iv) a
bed and breakfast inn, or (v) an establishment that prepares and sells meat
food products as defined in G.S. 106-549.15(14) or poultry products as defined
in G.S. 106-549.51(26).

(1a) "Permanent house guest" means a person who
receives room or board for periods of a week or longer. The term includes
visitors of the permanent house guest.

(2) "Private club" means an organization that
(i) maintains selective members, is operated by the membership, does not
provide food or lodging for pay to anyone who is not a member or a member's
guest, and is either incorporated as a nonprofit corporation in accordance with
Chapter 55A of the General Statutes or is exempt from federal income tax under
the Internal Revenue Code as defined in G.S. 105-130.2(1) or (ii) meets the
definition of a private club set forth in G.S. 18B-1000(5).

(3) "Regular boarder" means a person who
receives food for periods of a week or longer.

(4) "Establishment that prepares or serves
drink" means a business or other entity that prepares or serves beverages
made from raw apples or potentially hazardous beverages made from other raw
fruits or vegetables or that otherwise puts together, portions, sets out, or
hands out drinks for human consumption.

(5) "Establishment that prepares or serves
food" means a business or other entity that cooks, puts together,
portions, sets out, or hands out food for human consumption.

(5a) "Bed and breakfast home" means a business
in a private home of not more than eight guest rooms that offers bed and
breakfast accommodations for a period of less than one week and that meets all
of the following criteria:

a. Does not serve food or drink to the general public
for pay.

b. Serves the breakfast meal, the lunch meal, the
dinner meal, or a combination of all or some of these three meals, only to
overnight guests of the home.

c. Includes the price of any meals served in the room
rate.

d. Is the permanent residence of the owner or the
manager of the business.

(6) "Bed and breakfast inn" means a business
of not more than 12 guest rooms that offers bed and breakfast accommodations to
at least nine but not more than 23 persons per night for a period of less than
one week, and that:

a. Does not serve food or drink to the general public
for pay;

b. Serves only the breakfast meal, and that meal is
served only to overnight guests of the business;

c. Includes the price of breakfast in the room rate;
and

d. Is the permanent residence of the owner or the
manager of the business.

(7) "Limited food services establishment"
means an establishment as described in G.S. 130A-248(a4), with food handling
operations that are restricted by rules adopted by the Commission pursuant to
G.S. 130A-248(a4) and that prepares or serves food only in conjunction with
amateur athletic events. Limited food service establishment also includes
lodging facilities that serve only reheated food that has already been pre-cooked.

(a) For the protection of the public health, the
Commission shall adopt rules governing the sanitation of establishments that
prepare or serve drink or food for pay and establishments that prepare and sell
meat food products or poultry products. However, any establishment that
prepares or serves food or drink to the public, regardless of pay, shall be
subject to the provisions of this Article if the establishment that prepares or
serves food or drink holds an ABC permit, as defined in G.S. 18B-101, meets any
of the definitions in G.S. 18B-1000, and does not meet the definition of a
private club as provided in G.S. 130A-247(2).

(a1) For the protection of the public health, the
Commission shall adopt rules governing the sanitation of hotels, motels,
tourist homes, and other establishments that provide lodging for pay.

(a2) For the protection of the public health, the
Commission shall adopt rules governing the sanitation of bed and breakfast
homes, as defined in G.S. 130A-247, and rules governing the sanitation of bed
and breakfast inns, as defined in G.S. 130A-247. In carrying out this function,
the Commission shall adopt requirements that are the least restrictive so as to
protect the public health and not unreasonably interfere with the operation of
bed and breakfast homes and bed and breakfast inns.

(a3) The rules adopted by the Commission pursuant to
subsections (a), (a1), and (a2) of this section shall address, but not be
limited to, the following:

(3) The cleaning and bactericidal treatment of eating
and drinking utensils and other food-contact surfaces. A requirement imposed
under this subdivision to sanitize multiuse eating and drinking utensils and
other food-contact surfaces does not apply to utensils and surfaces provided in
the guest room of the lodging unit for guests to prepare food while staying in
the guest room.

(3a) The appropriate and reasonable use of gloves or
utensils by employees who handle unwrapped food;

(7) The prohibition against the offering of unwrapped
food samples to the general public unless the offering and acceptance of the
samples are continuously supervised by an agent of the entity preparing or
offering the samples or by an agent of the entity on whose premises the samples
are made available. As used in this subdivision, "food samples" means
unwrapped food prepared and made available for sampling by and without charge
to the general public for the purpose of promoting the food made available for
sampling. This subdivision does not apply to unwrapped food prepared and
offered in buffet, cafeteria, or other style in exchange for payment by the
general public or by the person or entity arranging for the preparation and
offering of such unwrapped food. This subdivision shall not apply to open air
produce markets nor to farmer market facilities operated on land owned or
leased by the State of North Carolina or any local government.

The rules shall contain a system for grading establishments,
such as Grade A, Grade B, and Grade C. The rules shall be written in a manner that
promotes consistency in both the interpretation and application of the grading
system.

(a4) For the protection of the public health, the
Commission shall adopt rules governing the sanitation of limited food service
establishments. In adopting the rules, the Commission shall not limit the
number of days that limited food service establishments may operate. Limited
food service establishment permits shall be issued only to political
subdivisions of the State, establishments operated by volunteers that prepare
or serve food in conjunction with amateur athletic events, or for
establishments operated by organizations that are exempt from federal income
tax under section 501(c)(3) or section 501(c)(4) of the Internal Revenue Code.

(a5) The Department of Health and Human Services may
grant a variance from rules adopted pursuant to this section in accordance with
the United States Food and Drug Administration Food Code 2009 if the Department
determines that the issuance of the variance will not result in a health hazard
or nuisance condition.

(a6) Notwithstanding any provision of this Part or any
rules adopted pursuant to G.S. 130A-335(e), a permitted food stand may elect to
provide tables and not more than eight seats for customers to use while eating
or drinking on the premises. Addition of seats under this subsection shall not
require further evaluation of the adequacy of the approved sanitary sewage
system.

(b) No establishment shall commence or continue
operation without a permit or transitional permit issued by the Department. The
permit or transitional permit shall be issued to the owner or operator of the
establishment and shall not be transferable. If the establishment is leased,
the permit or transitional permit shall be issued to the lessee and shall not
be transferable. If the location of an establishment changes, a new permit
shall be obtained for the establishment. A permit shall be issued only when the
establishment satisfies all of the requirements of the rules. The Commission
shall adopt rules establishing the requirements that must be met before a
transitional permit may be issued, and the period for which a transitional
permit may be issued. The Department may also impose conditions on the issuance
of a permit or transitional permit in accordance with rules adopted by the
Commission. A permit or transitional permit shall be immediately revoked in
accordance with G.S. 130A-23(d) for failure of the establishment to maintain a
minimum grade of C. A permit or transitional permit may otherwise be suspended
or revoked in accordance with G.S. 130A-23.

(b1) A permit shall expire one year after an
establishment closes unless the permit is the subject of a contested case
pursuant to Article 3 of Chapter 150B of the General Statutes.

(c) If ownership of an establishment is transferred or
the establishment is leased, the new owner or lessee shall apply for a new
permit. The new owner or lessee may also apply for a transitional permit. A
transitional permit may be issued upon the transfer of ownership or lease of an
establishment to allow the correction of construction and equipment problems
that do not represent an immediate threat to the public health. Upon issuance
of a new permit or a transitional permit for the same establishment, any previously
issued permit for an establishment in that location becomes void. This
subsection does not prohibit issuing more than one owner or lessee a permit for
the same location if (i) more than one establishment is operated in the same
physical location and (ii) each establishment satisfies all of the rules and
requirements of subsection (g) of this section. For purposes of this
subsection, "transitional permit" shall mean a permit issued upon the
transfer of ownership or lease of an existing food establishment to allow the
correction of construction and equipment problems that do not represent an
immediate threat to the public health.

(c1) The Commission shall adopt rules governing the
sanitation of pushcarts and mobile food units. A permitted restaurant or
commissary shall serve as a base of operations for a pushcart. A mobile food
unit shall meet all of the sanitation requirements of a permitted commissary or
shall have a permitted restaurant or commissary that serves as its base of
operation. Pushcarts or mobile food units that are based from a permitted
commissary or restaurant that is located on the premises of a facility which
contains at least 3,000 permanent seats shall be allowed to prepare and serve
food on the premises. Raw meat, poultry, and fish shall be prepared in a
permitted commissary or restaurant in a pre-portioned or ready-to-cook form.
Pushcarts or mobile food units that handle raw ingredients shall be equipped
with a handwashing sink. All open food and utensils shall be provided with overhead
protection or otherwise equipped with individual covers, such as domes, chafing
lids, or cookers with hinged lids. Food equipment and supplies shall be located
in enclosed areas and protected from environmental contamination when not in
operation.

(d) The Department shall charge each establishment
subject to this section, except nutrition programs for the elderly administered
by the Division of Aging and Adult Services of the Department of Health and
Human Services, establishments that prepare and sell meat food products or
poultry products, temporary food establishments, limited food services
establishments, and public school cafeterias, a fee of one hundred twenty
dollars ($120.00) for each permit issued. This fee shall be reassessed annually
for permits that do not expire. The Commission shall adopt rules to implement
this subsection. Fees collected under this subsection shall be used for State
and local food, lodging, and institution sanitation programs and activities. No
more than fifty dollars ($50.00) of each fee collected under this subsection
may be used to support State health programs and activities.

(d1) The Department shall charge a twenty-five dollar
($25.00) late payment fee to any establishment subject to this section, except
nutrition programs for the elderly administered by the Division of Aging of the
Department of Health and Human Services, establishments that prepare and sell
meat food products or poultry products, temporary food establishments, limited
food services establishments, and public school cafeterias, that fails to pay
the fee required by subsection (d) of this section within 45 days after billing
by the Department. The Department may, in accordance with G.S. 130A-23, suspend
the permit of an establishment that fails to pay the required fee within 60
days after billing by the Department. The Department shall charge a
reinstatement fee of one hundred fifty dollars ($150.00) to any establishment
that requests reinstatement of its permit after the permit has been suspended.
The Commission shall adopt rules to implement this subsection.

The clear proceeds of civil penalties collected pursuant to
this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in
accordance with G.S. 115C-457.2.

(d2) A local health department shall charge each
temporary food establishment and each limited food services establishment a fee
of seventy-five dollars ($75.00) for each permit issued. A local health
department shall use all fees collected under this subsection for local food,
lodging, and institution sanitation programs and activities.

(e) In addition to the fees under subsection (d) of
this section, the Department may charge a fee of two hundred fifty dollars
($250.00) for plan review of plans for prototype franchised or chain facilities
for food establishments subject to this section. All of the fees collected
under this subsection may be used to support the State food, lodging, and
institution sanitation programs and activities under this Part.

(e1) Plans for a franchised or chain food establishment
that have been reviewed and approved by the Department shall not require
further review and approval under this section by any local health department.
The local health department may suggest revisions to a reviewed and approved
plan to the Department. The local health department shall not impose any of the
suggestion revisions on the owner or operator without written approval from the
Department.

(f) Any local health department may charge a fee not
to exceed two hundred fifty dollars ($250.00) for plan review by that local
health department of plans for food establishments subject to this section that
are not subject to subsection (e) of this section. All of the fees collected
under this subsection may be used for local food, lodging, and institution
sanitation programs and activities. No food establishment that pays a fee under
subsection (e) of this section is liable for a fee under this subsection.

The Secretary may enter any establishment that is subject to
the provisions of G.S. 130A-248 for the purpose of making inspections. The
Secretary shall inspect each food service establishment at a frequency
established by the Commission. In establishing a schedule for inspections, the
Commission shall consider the risks to the population served by the
establishment and the type of food or drink served by the establishment. The
person responsible for the management or control of an establishment shall
permit the Secretary to inspect every part of the establishment and shall
render all aid and assistance necessary for the inspection. The Secretary shall
leave a copy of the inspection form and a card or cards showing the grade of
the establishment with the responsible person. The Secretary shall post the
grade card in a conspicuous place as determined by the Secretary where it may
be readily observed by the public upon entering the establishment or upon
picking up food prepared inside but received and paid for outside the
establishment through delivery windows or other delivery devices. If a single
establishment has one or more outside delivery service stations and an internal
delivery system, that establishment shall have a grade card posted where it may
be readily visible upon entering the establishment and one posted where it may
be readily visible in each delivery window or delivery device upon picking up
the food outside the establishment. The grade card or cards shall not be
removed by anyone, except by or upon the instruction of the Secretary. (1941, c. 309, s. 2; 1955, c. 1030, s. 2; 1973, c. 476, s.
128; 1983, c. 891, s. 2; 1987, c. 145; c. 189; 1989, c. 551, s. 2; 1993, c.
262, s. 3; 2005-386, s. 4.1.)

§ 130A-250. Exemptions.

The following shall be exempt from this Part:

(1) Establishments that provide lodging described in
G.S. 130A-248(a1) with four or fewer lodging units.

(2) Condominiums.

(3) Establishments that prepare or serve food or
provide lodging to regular boarders or permanent houseguests only. However, the
rules governing food sanitation adopted under G.S. 130A-248 apply to
establishments that are not regulated under G.S. 130A-235 and that prepare or
serve food for pay to 13 or more regular boarders or permanent houseguests who
are disabled or who are 55 years of age or older. Establishments to which the
rules governing food sanitation are made applicable by this subdivision that
are in operation as of 1 July 2000 may continue to use equipment and
construction in use on that date if no imminent hazard exists. Replacement equipment
for these establishments shall comply with the rules governing food sanitation
adopted under G.S. 130A-248.

(4) Private homes that occasionally offer lodging
accommodations, which may include the providing of food, for two weeks or less
to persons attending special events, provided these homes are not bed and
breakfast homes or bed and breakfast inns.

(5) Private clubs.

(6) Curb markets operated by the State Agricultural
Extension Service.

(7) Establishments (i) that are incorporated as
nonprofit corporations in accordance with Chapter 55A of the General Statutes
or (ii) that are exempt from federal income tax under the Internal Revenue
Code, as defined in G.S. 105-228.90, or (iii) that are political committees as
defined in G.S. 163-278.6(14) and that prepare or serve food or drink for pay
no more frequently than once a month for a period not to exceed two consecutive
days, including establishments permitted pursuant to this Part when preparing
or serving food or drink at a location other than the permitted locations. A
nutrition program for the elderly that is administered by the Division of Aging
of the Department of Health and Human Services and that prepares and serves
food or drink on the premises where the program is located in connection with a
fundraising event is exempt from this Part if food and drink are prepared and
served no more frequently than one day each month.

(8) Establishments that put together, portion, set out,
or hand out only beverages that do not include those made from raw apples or
potentially hazardous beverages made from raw fruits or vegetables, using
single service containers that are not reused on the premises.

(9) Establishments where meat food products or poultry
products are prepared and sold and which are under inspection by the North
Carolina Department of Agriculture and Consumer Services or the United States
Department of Agriculture.

(10) Markets that sell uncooked cured country ham or
uncooked cured salted pork and that engage in minimal preparation such as
slicing, weighing, or wrapping the ham or pork, when this minimal preparation
is the only activity that would otherwise subject these markets to regulation
under this Part.

(11) Establishments that only set out or hand out
beverages that are regulated by the North Carolina Department of Agriculture
and Consumer Services in accordance with Article 12 of Chapter 106 of the
General Statutes.

(12) Establishments that only set out or hand out food
that is regulated by the North Carolina Department of Agriculture and Consumer
Services in accordance with Article 12 of Chapter 106 of the General Statutes.

(13) Traditional country stores that sell uncooked
sandwiches or similar food items and that engage in minimal preparation such as
slicing bananas, spreading peanut butter, mixing and spreading pimiento cheese,
and assembling these items into sandwiches, when this minimal preparation is
the only activity that would otherwise subject these establishments to
regulation under this Part. For the purposes of this subsection, traditional
country stores means for-profit establishments that sell an assortment of
goods, including prepackaged foods and beverages, and have been in continuous
operation for at least 75 years.

(14) Bona fide cooking schools, defined for the purpose
of this subdivision as cooking schools that (i) primarily provide courses or
instruction on food preparation techniques that participants can replicate in
their homes, (ii) prepare or serve food for cooking school participants during
instructional time only, and (iii) do not otherwise prepare or serve food to
the public.

The intent and purpose of this Part is to provide for the
protection of the public health, safety and welfare of those persons in
attendance at mass gatherings and of those persons who reside near or are
located in proximity to the sites of mass gatherings or are directly affected
by them. (1971, c. 712, s. 1; 1983, c. 891, s. 2.)

§ 130A-252. Definition of mass gathering; applicability of
Part.

(a) For the purposes of this Part, "mass
gathering" means a congregation or assembly of more than 5,000 people in
an open space or open air for a period of more than 24 hours. A mass gathering
shall include all congregations and assemblies organized or held for any
purpose, but shall not include assemblies in permanent buildings or permanent
structures designed or intended for use by a large number of people. To
determine whether a congregation or assembly extends for more than 24 hours,
the period shall begin when the people expected to attend are first permitted
on the land where the congregation or assembly will be held and shall end when
the people in attendance are expected to depart. To determine whether a
congregation or assembly shall consist of more than 5,000 people, the number
reasonably expected to attend, as determined from the promotion, advertisement
and preparation for the congregation or assembly and from the attendance at
prior congregations or assemblies of the same type, shall be considered.

(b) The provisions of this Part do not apply to a
permanent stadium with an adjacent campground that hosts an annual event that
has, within the previous five years, attracted crowds in excess of 70,000
people. The term "stadium" includes speedways and dragways. (1971, c. 712, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s.
2; 1999-3, s. 1; 1999-171, s. 1.)

(a) No person shall organize, sponsor or hold any mass
gathering unless a permit has been issued to the person by the Secretary under
the provisions of this Part. A permit shall be required for each mass gathering
and is not transferable.

(b) A permit may be revoked by the Secretary at any
time if the Secretary finds that the mass gathering is being or has been
maintained or operated in violation of this Part. A permit may be revoked upon
the request of the permittee or upon abandonment of the operation. A permit
will otherwise expire upon satisfactory completion of the post-gathering
cleanup following the close of the mass gathering.

(c) The Secretary, upon information that a
congregation or assembly of people which may constitute a mass gathering is
being organized or promoted, may direct the organizer or promoter to submit
within five calendar days an information report to the Department. The report
shall contain the information required for an application for permit under G.S.
130A-254(b) and other information concerning the promotion, advertisement and
preparation for the congregation or assembly and prior congregations or
assemblies, as the Secretary deems necessary. The Secretary shall consider all
available information including any report received and shall determine if the
proposed congregation or assembly is a mass gathering. If the Secretary
determines that a proposed congregation or assembly is a mass gathering, the
Secretary shall notify the organizer or promoter to submit an application for
permit at least 30 days prior to the commencement of the mass gathering. (1971, c. 712, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s.
2.)

§ 130A-254. Application for permit.

(a) Application for a permit for a mass gathering
shall be made to the Secretary on a form and in a manner prescribed by the
Secretary. The application shall be filed with the Secretary at least 30 days
prior to the commencement of the mass gathering. A fee as prescribed by the
Secretary, not to exceed one hundred dollars ($100.00), shall accompany the application.

(b) The application shall contain the following
information: identification of the applicant; identification of any other
person or persons responsible for organizing, sponsoring or holding the mass
gathering; the location of the proposed mass gathering; the estimated maximum
number of persons reasonably expected to be in attendance at any time; the date
or dates and the hours during which the mass gathering is to be conducted; and
a statement as to the total time period involved.

(c) The application shall be accompanied by an outline
map of the area to be used, to approximate scale, showing the location of all
proposed and existing privies or toilets; lavatory and bathing facilities; all
water supply sources including lakes, ponds, streams, wells and storage tanks;
all areas of assemblage; all camping areas; all food service areas; all garbage
and refuse storage and disposal areas; all entrances and exits to public
highways; and emergency ingress and egress roads.

(d) The application shall be accompanied by additional
plans, reports and information required by the Secretary as necessary to carry
out the provisions of this Part.

(e) A charge shall be levied by the Secretary to cover
the cost of additional services, including police, fire and medical services,
provided by the State or units of local government on account of the mass
gathering. The Secretary shall reimburse the State or the units of local
government for the additional services upon receipt of payment. (1971, c. 712, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s.
2.)

(a) Within 15 days after the receipt of the
application, the Secretary shall review the application and inspect the
proposed site for the mass gathering. If it is likely that the requirements of
this Part and the rules of the Commission can be met by the applicant, a
provisional permit shall be issued.

(b) The Secretary shall require the permittee within
five days after issuance of the provisional permit to file with the Secretary a
performance bond or other surety to be executed to the State in the amount of five
thousand dollars ($5,000) for up to 10,000 persons and an additional one
thousand dollars ($1,000) for each additional 5,000 persons or fraction
reasonably estimated to attend the mass gathering. The bond shall be
conditioned on full compliance with this Part and the rules of the Commission
and shall be forfeitable upon noncompliance and a showing by the Secretary of
injury, damage or other loss to the State or local governmental agencies caused
by the noncompliance.

(c) The permittee shall in addition file satisfactory
evidence of public liability and property damage insurance in an amount
determined by the Secretary to be reasonable, not to exceed one million dollars
($1,000,000) in amount, in relation to the risks and hazards involved in the
proposed mass gathering. (1971, c. 712, s. 1; 1973, c.
476, s. 128; 1983, c. 891, s. 2.)

(a) If, upon inspection by the Secretary five days
prior to the starting date of the mass gathering, or earlier upon request of
the permittee, the required facilities are found to be in place, satisfactory
arrangements are found to have been made for required services, the charge for
additional services levied in accordance with G.S. 130A-254(e) has been paid
and other applicable provisions of this Part and the rules of the Commission
are found to have been met, the Secretary shall issue a permit for the mass
gathering. If, upon inspection, the facilities, arrangements or other
provisions are not satisfactory, the provisional permit shall be revoked and no
permit shall be issued.

(b) Upon revocation of either the provisional permit
or the permit, the permittee shall immediately announce cancellation of the
mass gathering in as effective a manner as is reasonably possible including,
but not limited to, the use or whatever methods were used for advertising or
promoting the mass gathering.

(c) If the provisional permit or the permit is revoked
prior to or during the mass gathering, the Secretary may order the permittee
to install facilities and make arrangements necessary to accommodate persons
who may nevertheless attend or be present at the mass gathering despite its
cancellation and to restore the site to a safe and sanitary condition. In the
event the permittee fails to comply with the order of the Secretary, the
Secretary may immediately proceed to install facilities and make other
arrangements and provisions for cleanup as may be minimally required in the
interest of public health and safety, utilizing any State and local funds and
resources as may be available.

(d) If the Secretary installs facilities or makes
arrangements or provisions for cleanup pursuant to subsection (c), the
Secretary may apply to a court of competent jurisdiction prior to or within 60
days after the action to order forfeiture of the permittee's performance bond
or surety for violation of this Part or the rules of the Commission. The court
may order that the proceeds shall be applied to the extent necessary to
reimburse State and local governmental agencies for expenditures made pursuant
to the action taken by the Secretary upon the permittee's failure to comply
with the order. Any excess proceeds shall be returned to the insurer of the
bond or to the surety after deducting court costs. (1971,
c. 712, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)

§ 130A-257. Rules of the Commission.

For the protection of the public health, safety and welfare
of those attending mass gatherings and of other persons who may be affected by
mass gatherings, the Commission shall adopt rules to carry out the provisions
of this Part and to establish requirements for the provision of facilities and
services at mass gatherings. The rules shall include, but not be limited to,
the establishment of requirements as follows:

(1) General requirements relating to minimum size of
activity area including camping and parking space, distance of activity area
from dwellings, distance from public water supplies and watersheds and an
adequate command post for use by personnel of health, law-enforcement and other
governmental agencies;

(2) Adequate ingress and egress roads, parking
facilities and entrances and exits to public highways;

Nothing in this Part shall be construed to limit the
authority of units of local government to adopt ordinances regulating, but not
prohibiting, congregations and assemblies not covered by this Part. (1971, c. 712, s. 1; 1983, c. 891, s. 2.)

This Article provides for the regulation of public swimming
pools in the State as they may affect the public health and safety. As used in
this Article, the term "public swimming pool" means any structure,
chamber, or tank containing an artificial body of water used by the public for
swimming, diving, wading, recreation, or therapy, together with buildings,
appurtenances, and equipment used in connection with the body of water,
regardless of whether a fee is charged for its use. The term includes
municipal, school, hotel, motel, apartment, boarding house, athletic club, or
other membership facility pools and spas. This Article does not apply to a
private pool serving a single family dwelling and used only by the residents of
the dwelling and their guests. This Article also does not apply to therapeutic
pools used in physical therapy programs operated by medical facilities licensed
by the Department or operated by a licensed physical therapist, nor to
therapeutic chambers drained, cleaned, and refilled after each individual use. (1989, c. 577, s. 1; 1997-443, s. 11A.80.)

§ 130A-281. Operation permit required.

No public swimming pool may be opened for use unless the
owner or operator has obtained an operation permit issued by the Department
pursuant to rules adopted under G.S. 130A-282. (1989,
c. 577, s. 1.)

§ 130A-282. Commission to adopt rules; exception.

(a) Rules Required. For protection of the public
health and safety, the Commission shall adopt and the Department shall enforce
rules concerning the construction and operation of public swimming pools. The
Commission shall classify public swimming pools on the basis of size, usage,
type, or any other appropriate factor and shall adopt requirements for each
classification. The rules shall include requirements for:

(1) Submission and review of plans prior to
construction.

(2) Application, review, expiration, renewal, and
revocation or suspension of an operating permit.

(3) Inspection.

(4) Design and construction including materials, depth
and other dimensions, and standards for the abatement of suction hazards.

(5) Operation and safety including water source, water
quality and testing, fencing, water treatment, chemical storage, toilet and
bath facilities, measures to ensure the personal cleanliness of bathers, safety
equipment and other safety measures, and sewage and other wastewater disposal.

(b) Exception. Public swimming pools constructed or
remodeled prior to May 1, 1993, that do not meet specific design and construction
requirements of the rules for public swimming pools adopted by the Commission
shall not be required to comply with design and construction requirements other
than requirements related to the abatement of suction hazards. Public swimming
pools constructed or remodeled prior to May 1, 1993, shall comply with all
other rules for public swimming pools adopted by the Commission.

(a) Definition. - As used in this Part, the term
"tattooing" means the inserting of permanent markings or coloration,
or the producing of scars, upon or under human skin through puncturing by use
of a needle or any other method.

(b) Prohibited Practice. - No person shall engage in
tattooing without first obtaining a tattooing permit from the Department.
Licensed physicians, as well as physician assistants and nurse practitioners
working under the supervision of a licensed physician, who perform tattooing
within the normal course of their professional practice are exempt from the
requirements of this Part.

(c) Application. - To obtain a tattooing permit, a
person must apply to the Department. Upon receipt of the application, the
Department, acting through the local health department, shall inspect the
premises, instruments, utensils, equipment, and procedures of the applicant to
determine whether the applicant meets the requirements for a tattooing permit
set by the Commission. If the applicant meets these requirements, the
Department shall issue a permit to the applicant. A permit is valid for one
year and must be renewed annually by applying to the Department for a permit
renewal.

(d) Violations. - The Department may deny an
application for a tattooing permit if an applicant does not meet the requirements
set by the Commission for the permit. The Department may suspend, revoke, or
refuse to renew a permit if it finds that tattooing is being performed in
violation of this Part. In accordance with G.S. 130A-24(a), Chapter 150B of the
General Statutes, the Administrative Procedure Act, governs appeals concerning
the enforcement of this Part.

(e) Limitation. - A permit issued pursuant to this
Part does not authorize a person to remove a tattoo from the body of a human
being. Compliance with this Part is not a bar to prosecution for a violation of
G.S. 14-400. (1993 (Reg. Sess., 1994), c. 670, s. 1.)

Part 12. Decontamination Standards for Methamphetamine Sites.

§ 130A-284. Decontamination of property used for the
manufacture of methamphetamine.

For the protection of the public health, the Commission shall
adopt rules establishing decontamination standards to ensure that certain
property is reasonably safe for habitation. An owner, lessee, operator or other
person in control of a residence or place of business or any structure
appurtenant to a residence or place of business, and who has knowledge that the
property has been used for the manufacture of methamphetamine, shall comply
with these rules. For purposes of this section, the terms "residence"
and "place of business" shall be defined as set forth in G.S. 130A-334.
(2004-178, s. 7.)

§ 130A-285: Reserved for
future codification purposes.

§ 130A-286: Reserved for
future codification purposes.

§ 130A-287: Reserved for
future codification purposes.

§ 130A-288: Reserved for
future codification purposes.

§ 130A-289: Reserved for
future codification purposes.

Article 9.

Solid Waste Management.

Part 1. Definitions.

§ 130A-290. Definitions.

(a) Unless a different meaning is required by the
context, the following definitions shall apply throughout this Article:

(1) "Affiliate" has the same meaning as in 17
Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition).

(1d) "Chlorofluorocarbon refrigerant" means any
of the following when used as a liquid heat transfer agent in a mechanical
refrigeration system: carbon tetrachloride, chlorofluorocarbons, halons, or
methyl chloroform.

(2) "Closure" means the cessation of
operation of a solid waste management facility and the act of securing the
facility so that it will pose no significant threat to human health or the
environment.

(2a) Recodified as subdivision (a)(2d) at the direction
of the Revisor of Statutes. See note.

(2b) "Coal combustion residuals" means
residuals, including fly ash, bottom ash, boiler slag, mill rejects, and flue
gas desulfurization residue produced by a coal-fired generating unit destined
for disposal. The term does not include coal combustion products as defined in
G.S. 130A-309.201(4).

(2c) "Coal combustion residuals landfill" means
a facility or unit for the disposal of combustion products, where the landfill
is located at the same facility with the coal-fired generating unit or units
producing the combustion products, and where the landfill is located wholly or
partly on top of a facility that is, or was, being used for the disposal or
storage of such combustion products, including, but not limited to, landfills,
wet and dry ash ponds, and structural fill facilities.

(2d) "Coal-fired generating unit" means a coal-fired
generating unit, as defined by 40 Code of Federal Regulations § 96.2 (1 July
2001 Edition), that is located in this State and has the capacity to generate
25 or more megawatts of electricity.

(3) "Commercial" when applied to a hazardous
waste facility, means a hazardous waste facility that accepts hazardous waste
from the general public or from another person for a fee.

(3a) "Commission" means the Environmental
Management Commission.

(4) "Construction" or "demolition"
when used in connection with "waste" or "debris" means
solid waste resulting solely from construction, remodeling, repair, or
demolition operations on pavement, buildings, or other structures, but does not
include inert debris, land-clearing debris or yard debris.

(6) "Disposal" means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any solid waste into or on
any land or water so that the solid waste or any constituent part of the solid
waste may enter the environment or be emitted into the air or discharged into
any waters, including groundwaters.

(16) "Landfill" means a disposal facility or
part of a disposal facility where waste is placed in or on land and which is
not a land treatment facility, a surface impoundment, an injection well, a
hazardous waste long-term storage facility or a surface storage facility.

(16a) "Leachate" means a liquid that has passed
through or emerged from solid waste and contains soluble, suspended, or
miscible materials removed from such waste. The term "leachate" does
not include liquid adhering to tires of vehicles leaving a sanitary landfill
and transfer stations.

(17) "Manifest" means the form used for
identifying the quantity, composition and the origin, routing and destination
of hazardous waste during its transportation from the point of generation to
the point of disposal, treatment or storage.

(17a) "Medical waste" means any solid waste which
is generated in the diagnosis, treatment, or immunization of human beings or
animals, in research pertaining thereto, or in the production or testing of
biologicals, but does not include any hazardous waste identified or listed
pursuant to this Article, radioactive waste, household waste as defined in 40
Code of Federal Regulations § 261.4(b)(1) in effect on 1 July 1989, or those
substances excluded from the definition of "solid waste" in this
section.

(18) "Motor vehicle oil filter" means a filter
that removes impurities from the oil used to lubricate an internal combustion
engine in a motor vehicle.

(18a) "Municipal solid waste" means any solid
waste resulting from the operation of residential, commercial, industrial,
governmental, or institutional establishments that would normally be collected,
processed, and disposed of through a public or private solid waste management
service. Municipal solid waste does not include hazardous waste, sludge,
industrial waste managed in a solid waste management facility owned and
operated by the generator of the industrial waste for management of that waste,
or solid waste from mining or agricultural operations.

(19) "Natural resources" means all materials
which have useful physical or chemical properties which exist, unused, in
nature.

(20) "Open dump" means any facility or site
where solid waste is disposed of that is not a sanitary landfill and that is
not a coal combustion residuals surface impoundment or a facility for the disposal
of hazardous waste.

(21) "Operator" means any person, including the
owner, who is principally engaged in, and is in charge of, the actual
operation, supervision, and maintenance of a solid waste management facility
and includes the person in charge of a shift or periods of operation during any
part of the day.

(21a) "Parent" has the same meaning as in 17 Code
of Federal Regulations § 240.12b-2 (1 April 1996 Edition).

(22a) "Pre-1983 landfill" means any land area,
whether publicly or privately owned, on which municipal solid waste disposal
occurred prior to 1 January 1983 but not thereafter, but does not include any
landfill used primarily for the disposal of industrial solid waste.

(23) "Processing" means any technique designed
to change the physical, chemical, or biological character or composition of any
solid waste so as to render it safe for transport; amenable to recovery,
storage or recycling; safe for disposal; or reduced in volume or concentration.

(24) "Recovered material" means a material that
has known recycling potential, can be feasibly recycled, and has been diverted
or removed from the solid waste stream for sale, use, or reuse. In order to
qualify as a recovered material, a material must meet the requirements of G.S.
130A-309.05(c).

(26) "Recyclable material" means those
materials which are capable of being recycled and which would otherwise be
processed or disposed of as solid waste.

(27) "Recycling" means any process by which
solid waste, or materials which would otherwise become solid waste, are
collected, separated, or processed, and reused or returned to use in the form
of raw materials or products.

(28) "Refuse" means all nonputrescible waste.

(28a) "Refuse-derived fuel" means fuel that consists
of municipal solid waste from which recyclable and noncombustible materials are
removed so that the remaining material is used for energy production.

(29) "Resource recovery" means the process of
obtaining material or energy resources from discarded solid waste which no
longer has any useful life in its present form and preparing the solid waste
for recycling.

(30) "Reuse" means a process by which resources
are reused or rendered usable.

(31) "Sanitary landfill" means a facility for
disposal of solid waste on land in a sanitary manner in accordance with the
rules concerning sanitary landfills adopted under this Article.

(31a) "Secretary" means the Secretary of
Environmental Quality.

(32) "Septage" means solid waste that is a
fluid mixture of untreated and partially treated sewage solids, liquids, and
sludge of human or domestic origin which is removed from a wastewater system.
The term septage includes the following:

a. Domestic septage, which is either liquid or solid
material removed from a septic tank, cesspool, portable toilet, Type III marine
sanitation device, or similar treatment works receiving only domestic sewage.
Domestic septage does not include liquid or solid material removed from a
septic tank, cesspool, or similar treatment works receiving either commercial
wastewater or industrial wastewater and does not include grease removed from a
grease trap at a restaurant.

b. Domestic treatment plant septage, which is solid,
semisolid, or liquid residue generated during the treatment of domestic sewage
in a treatment works where the designed disposal is subsurface. Domestic
treatment plant septage includes, but is not limited to, scum or solids removed
in primary, secondary, or advanced wastewater treatment processes and a
material derived from domestic treatment plant septage. Domestic treatment
plant septage does not include ash generated during the firing of domestic
treatment plant septage in an incinerator or grit and screenings generated
during preliminary treatment of domestic sewage in a treatment works.

c. Grease septage, which is material pumped from
grease interceptors, separators, traps, or other appurtenances used for the
purpose of removing cooking oils, fats, grease, and food debris from the waste
flow generated from food handling, preparation, and cleanup.

d. Industrial or commercial septage, which is material
pumped from septic tanks or other devices used in the collection, pretreatment,
or treatment of any water-carried waste resulting from any process of industry,
manufacture, trade, or business where the design disposal of the wastewater is
subsurface. Domestic septage mixed with any industrial or commercial septage is
considered industrial or commercial septage.

e. Industrial or commercial treatment plant septage,
which is solid, semisolid, or liquid residue generated during the treatment of
sewage that contains any waste resulting from any process of industry,
manufacture, trade, or business in a treatment works where the designed
disposal is subsurface. Industrial or commercial treatment plant septage
includes, but is not limited to, scum or solids removed in primary, secondary,
or advanced wastewater treatment processes and a material derived from domestic
treatment plant septage. Industrial or commercial treatment plant septage does
not include ash generated during the firing of industrial or commercial
treatment plant septage in an incinerator or grit and screenings generated
during preliminary treatment of domestic sewage in a treatment works.

(33) "Septage management firm" means a person
engaged in the business of pumping, transporting, storing, treating or
disposing septage. The term does not include public or community wastewater
systems that treat or dispose septage.

(34) "Sludge" means any solid, semisolid or
liquid waste generated from a municipal, commercial, institutional or
industrial wastewater treatment plant, water supply treatment plant or air
pollution control facility, or any other waste having similar characteristics
and effects.

(35) "Solid waste" means any hazardous or
nonhazardous garbage, refuse or sludge from a waste treatment plant, water
supply treatment plant or air pollution control facility, domestic sewage and
sludges generated by the treatment thereof in sanitary sewage collection,
treatment and disposal systems, and other material that is either discarded or
is being accumulated, stored or treated prior to being discarded, or has served
its original intended use and is generally discarded, including solid, liquid,
semisolid or contained gaseous material resulting from industrial,
institutional, commercial and agricultural operations, and from community
activities. Notwithstanding sub-sub-subdivision b.3. of this subdivision, the
term includes coal combustion residuals. The term does not include:

a. Fecal waste from fowls and animals other than
humans.

b. Solid or dissolved material in:

1. Domestic sewage and sludges generated by treatment
thereof in sanitary sewage collection, treatment and disposal systems which are
designed to discharge effluents to the surface waters.

2. Irrigation return flows.

3. Wastewater discharges and the sludges incidental to
and generated by treatment which are point sources subject to permits granted
under Section 402 of the Water Pollution Control Act, as amended (P.L. 92-500),
and permits granted under G.S. 143-215.1 by the Commission, including coal
combustion products. However, any sludges that meet the criteria for hazardous
waste under RCRA shall also be a solid waste for the purposes of this Article.

c. Oils and other liquid hydrocarbons controlled under
Article 21A of Chapter 143 of the General Statutes. However, any oils or other
liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall
also be a solid waste for the purposes of this Article.

d. Any source, special nuclear or byproduct material
as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011).

e. Mining refuse covered by the North Carolina Mining
Act, G.S. 74-46 through 74-68 and regulated by the North Carolina Mining
Commission (as defined under G.S. 143B-293.1). However, any specific mining
waste that meets the criteria for hazardous waste under RCRA shall also be a
solid waste for the purposes of this Article.

f. Recovered material.

g. Steel slag that is a product of the electric arc
furnace steelmaking process; provided, that such steel slag is sold and
distributed in the stream of commerce for consumption, use, or further
processing into another desired commodity and is managed as an item of
commercial value in a controlled manner and not as a discarded material or in a
manner constituting disposal.

(36) "Solid waste disposal site" means any
place at which solid wastes are disposed of by incineration, sanitary landfill
or any other method.

(41) "Storage" means the containment of solid
waste, either on a temporary basis or for a period of years, in a manner which
does not constitute disposal.

(41a) "Subsidiary" has the same meaning as in 17
Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition).

(41b) "Tire-derived fuel" means a form of fuel
derived from scrap tires.

(42) "Treatment" means any method, technique or
process, including neutralization, designed to change the physical, chemical or
biological character or composition of any hazardous waste so as to neutralize
such waste or so as to render such waste nonhazardous, safer for transport,
amenable for recovery, amenable for storage or reduced in volume.
"Treatment" includes any activity or processing designed to change
the physical form or chemical composition of hazardous waste so as to render it
nonhazardous.

(43) "Unit of local government" means a county,
city, town or incorporated village.

(44) "White goods" includes refrigerators,
ranges, water heaters, freezers, unit air conditioners, washing machines,
dishwashers, clothes dryers, and other similar domestic and commercial large
appliances.

(44a) "Wooden pallet" means a wooden object
consisting of a flat or horizontal deck or platform supported by structural
components that is used as a base for assembling, stacking, handling, and
transporting goods.

(b) Unless a different meaning is required by the
context, the following definitions shall apply throughout G.S. 130A-309.15
through G.S. 130A-309.24:

(1) "Public used oil collection center"
means:

a. Automotive service facilities or governmentally
sponsored collection facilities, which in the course of business accept for
disposal small quantities of used oil from households; and

b. Facilities which store used oil in aboveground
tanks, which are approved by the Department, and which in the course of
business accept for disposal small quantities of used oil from households.

(2) "Reclaiming" means the use of methods,
other than those used in rerefining, to purify used oil primarily to remove
insoluble contaminants, making the oil suitable for further use; the methods
may include settling, heating, dehydration, filtration, or centrifuging.

(3) "Recycling" means to prepare used oil for
reuse as a petroleum product by rerefining, reclaiming, reprocessing, or other
means or to use used oil in a manner that substitutes for a petroleum product
made from new oil.

(4) "Rerefining" means the use of refining
processes on used oil to produce high-quality base stocks for lubricants or
other petroleum products. Rerefining may include distillation, hydrotreating,
or treatments employing acid, caustic, solvent, clay, or other chemicals, or
other physical treatments other than those used in reclaiming.

(5) "Used oil" means any oil which has been
refined from crude oil or synthetic oil and, as a result of use, storage, or
handling, has become unsuitable for its original purpose due to the presence of
impurities or loss of original properties, but which may be suitable for
further use and is economically recyclable.

(a) For the purpose of promoting and preserving an
environment that is conducive to public health and welfare, and preventing the
creation of nuisances and the depletion of our natural resources, the
Department shall maintain a Division of Waste Management to promote sanitary
processing, treatment, disposal, and statewide management of solid waste and
the greatest possible recycling and recovery of resources, and the Department
shall employ and retain qualified personnel as may be necessary to effect such
purposes. It is the purpose and intent of the State to be and remain cognizant
not only of its responsibility to authorize and establish a statewide solid
waste management program, but also of its responsibility to monitor and
supervise, through the Department, the activities and operations of units of
local government implementing a permitted solid waste management facility
serving a specified geographic area in accordance with a solid waste management
plan.

(b) In furtherance of this purpose and intent, it is
hereby determined and declared that it is necessary for the health and welfare
of the inhabitants of the State that solid waste management facilities
permitted hereunder and serving a specified geographic area shall be used by
public or private owners or occupants of all lands, buildings, and premises
within the geographic area, and a unit of local government may, by ordinance,
require that all solid waste generated within the geographic area and placed in
the waste stream for disposal, shall be delivered to the permitted solid waste
management facility or facilities serving the geographic area. Actions taken
pursuant to this Article shall be deemed to be acts of the sovereign power of
the State of North Carolina, and to the extent reasonably necessary to achieve
the purposes of this section, a unit of local government may displace
competition with public service for solid waste management and disposal. It is
further determined and declared that no person, firm, corporation, association
or entity within the geographic area shall engage in any activities which would
be competitive with this purpose or with ordinances, rules adopted pursuant to
the authority granted herein. (1969, c. 899; 1973, c.
476, s. 128; 1975, c. 311, s. 3; 1977, 2nd Sess., c. 1216; 1983, c. 795, ss. 2,
8.1; c. 891, s. 2; 1987, c. 574, s. 1; 1989, c. 727, s. 144; 1989 (Reg. Sess.,
1990), c. 1004, ss. 7, 8; 1995 (Reg. Sess., 1996), c. 743, s. 4.)

§ 130A-291.1. Septage management program; permit fees.

(a) The Department shall establish and administer a
septage management program in accordance with the provisions of this section.

(b) For the protection of the public health, the
Commission shall adopt rules governing the management of septage. The rules
shall include, but are not limited to, criteria for the sanitary management of
septage, including standards for the transportation, storage, treatment, and
disposal of septage; operator registration and training; the issuance,
suspension, and revocation of permits; and procedures for the payment of annual
fees.

(c) No septage management firm shall commence or
continue operation that does not have a permit issued by the Department. The
permit shall be issued only when the septage management firm satisfies all of
the requirements of the rules adopted by the Commission. A septage management
firm that commences operation without first having obtained a permit shall
cease to operate until the firm obtains a permit under this section and shall
pay an initial annual fee equal to twice the amount of the annual fee that
would otherwise be applicable under subsection (e) of this section.

(d) Septage shall be treated and disposed only at a
wastewater system that has been approved by the Department under rules adopted
by the Commission or at a site that is permitted by the Department under this
section. A permit shall be issued only if the site satisfies all of the
requirements of the rules adopted by the Commission.

(e) A septage management firm that operates one pumper
truck shall pay an annual fee of five hundred fifty dollars ($550.00) to the
Department. A septage management firm that operates two or more pumper trucks
shall pay an annual fee of eight hundred dollars ($800.00) to the Department.

(e1) An individual who operates a septage treatment or
disposal facility but who does not engage in the business of pumping,
transporting, or disposing of septage shall pay an annual fee of two hundred
dollars ($200.00).

(e2) A properly completed application for a permit and the
annual fee under this section are due by 1 January of each year. The Department
shall mail a notice of the annual fees to each permitted septage management
firm and each individual who operates a septage treatment or disposal facility
prior to 1 November of each calendar year. A late fee in the amount equal to
fifty percent (50%) of the annual permit fee under this section shall be
submitted when a properly completed application and annual permit fee are not
submitted by 1 January following the 1 November notice. The clear proceeds of
civil penalties collected pursuant to this subsection shall be remitted to the
Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.

(e3) The Septage Management Account is established as a
nonreverting account within the Department. Fees collected under this section
shall be placed in the Septage Management Account and shall be applied only to
the costs of the septage management program.

(e4) Permits for new septage management firm operators
and permits for septage management firm operators that have not operated a
septage management firm in the 24 months immediately preceding the submittal of
an application shall be considered probationary for 12 months. The Department
may revoke any probationary permit of a firm or an individual that violates any
provision of this section, G.S. 130A-291.2, G.S. 130A-291.3, or any rule
adopted under these sections. If the Department revokes a probationary permit
issued to a firm or individual, the Department shall not issue another permit
to that firm or individual, and the firm or individual may not engage in any
septage management activity for a period of 12 months.

(e5) The Department shall provide technical and
regulatory assistance to permit applicants and permit holders. Assistance may
include, but is not limited to, taking soil samples on proposed and permitted
septage land application sites and providing required training to permit
applicants and permit holders.

(f) All wastewater systems designed to discharge
effluent to the surface waters may accept, treat, and dispose septage from
permitted septage management firms, unless acceptance of the septage would
constitute a violation of the permit conditions of the wastewater system. The
wastewater system may charge a reasonable fee for acceptance, treatment, and
disposal of septage based on a fee schedule that takes into account septage
composition and quantity and that is consistent with other charges for use of
that system.

(g) Production of a crop in accordance with an
approved nutrient management plan on land that is permitted as a septage land
application site is a bona fide farm purpose under G.S. 153A-340.

(h) The Department shall inspect each septage land
application site at least twice a year and shall inspect the records associated
with each septage land application site at least annually. The Department shall
inspect each pump truck used for septage management at least once every two
years.

(h1) The annual permit application shall identify the
pumper trucks to be used by the septage management firm. A permitted septage
management firm shall notify the Department within 10 days of placing a pumper
truck in service that was not previously included in a permit issued to the
firm and shall make the pumper truck available for inspection by the
Department. A septage management firm is not prohibited from use of a pumper
truck that meets the requirements of the rules adopted by the Commission prior
to inspection by the Department.

(i) The Department shall approve innovative or
alternative septage treatment or storage methods that are demonstrated to
protect the public health and the environment.

(j) Septage generated by the operation of a
wastewater system permitted under Article 11 of this Chapter may be managed as
provided in this section and may be land applied at a septage land application
site permitted under this section. (1987 (Reg. Sess.,
1988), c. 1058, s. 2; 1991 (Reg. Sess., 1992), c. 1039, s. 8; 1993, c. 173, s.
4; 2001-505, s. 1.1; 2005-276, s. 6.37(t); 2006-255, s. 5.1(a); 2012-200, s.
15; 2014-122, s. 11(b).)

§ 130A-291.2. Temporary domestic wastewater holding tanks.

When a permanent domestic wastewater collection and treatment
system is not available at a construction site or a temporary special event, a
temporary wastewater holding tank of adequate capacity to prevent overflow may
be used under a mobile or modular office to accommodate domestic wastewater
from a commode and sink. The wastewater shall be removed often enough to
prevent the temporary domestic wastewater holding tank from overflowing. The
owner or lessee of a temporary construction trailer shall contract with a
registered septage management firm or registered portable toilet sanitation
firm for the removal of domestic waste. The wastewater shall be removed from
the temporary domestic wastewater holding tank by a septage management firm
holding a current permit to operate a septage firm. (2001-505,
s. 1.2.)

§ 130A-291.3. Septage operator training required.

(a) Each septage management firm operator shall attend
a training course approved pursuant to subsection (d) of this section of no
less than four hours of instruction per year. New septage management firm
operators and those that have not operated a septage management firm in the 24
months preceding the submittal of an application shall complete the training
before commencing operation.

(b) Each septage land application site operator shall
attend a training course approved pursuant to subsection (d) of this section of
no less than three hours of instruction per year. New septage land application
site operators and those that have not operated a septage land application site
in the 24 months preceding the submittal of an application shall complete the
training before commencing operation.

(c) Upon the completion of the permit requirements
under G.S. 130A-291.1 and the training requirements under this section, the
Department shall issue the septage management firm a certificate to operate as
a registered portable sanitation firm or a registered septage management firm,
or both.

(d) The Department shall establish educational
committees to develop and approve a training curriculum to satisfy the training
requirements under this section. A training committee shall be established to
develop a training program for portable sanitation waste; a training committee
shall be established to develop a training program for septic tank waste and
grease septage; and a training committee shall be established to develop a
training program for land application of septage. Each committee shall consist
of four industry members, one public health member, two employees of the
Department, and one representative of the North Carolina Cooperative Extension
Service. (2001-505, s. 1.2.)

§ 130A-292. Conveyance of land used for commercial hazardous
waste disposal facility to the State.

(a) No land may be used for a commercial hazardous
waste disposal facility until fee simple title to the land has been conveyed to
this State. In consideration for the conveyance, the State shall enter into a
lease agreement with the grantor for a term equal to the estimated life of the
facility in which the State will be the lessor and the grantor the lessee. The
lease agreement shall specify that for an annual rent of fifty dollars
($50.00), the lessee shall be allowed to use the land for the development and
operation of a hazardous waste disposal facility. The lease agreement shall
provide that the lessor or any person authorized by the lessor shall at all
times have the right to enter without a search warrant or permission of the
lessee upon any and all parts of the premises for monitoring, inspection and
all other purposes necessary to carry out the provisions of this Article. The
lessee shall remain fully liable for all damages, losses, personal injury or
property damage which may result or arise out of the lessee's operation of the
facility, and for compliance with regulatory requirements concerning insurance,
bonding for closure and post-closure costs, monitoring and other financial or
health and safety requirements as required by applicable law and rules. The
State, as lessor, shall be immune from liability except as otherwise provided
by statute. The lease shall be transferable with the written consent of the
lessor and the consent will not be unreasonably withheld. In the case of a
transfer of the lease, the transferee shall be subject to all terms and
conditions that the State deems necessary to ensure compliance with applicable
laws and rules. If the lessee or any successor in interest fails in any
material respect to comply with any applicable law, rule or permit condition,
or with any term or condition of the lease, the State may terminate the lease
after giving the lessee written notice specifically describing the failure to
comply and upon providing the lessee a reasonable time to comply. If the lessee
does not effect compliance within the reasonable time allowed, the State may
reenter and take possession of the premises.

(b) Notwithstanding the termination of the lease by
either the lessee or the lessor for any reason, the lessee shall remain liable
for, and be obligated to perform, all acts necessary or required by law, rule,
permit condition or the lease for the permanent closure of the site until the
site has either been permanently closed or until a substituted operator has
been secured and has assumed the obligations of the lessee.

(c) In the event of changes in laws or rules
applicable to the facility which make continued operation by the lessee
impossible or economically infeasible, the lessee shall have the right to
terminate the lease upon giving the State reasonable notice of not less than
six months, in which case the lessor shall have the right to secure a substitute
lessee and operator.

(d) In the event of termination of the lease by the
lessor as provided in subsection (a) of this section, or by the lessee as
provided in subsection (c) of this section, the lessee shall be paid the fair
market value of any improvements made to the leased premises less the costs to
the lessor resulting from termination of the lease and securing a substitute
lessee and operator. However, the lessor shall have no obligation to secure a
substitute lessee or operator and may require the lessee to permanently close
the facility. (1981, c. 704, s. 5; 1983, c. 891, s. 2;
1989, c. 168, s. 12.)

(a) It is the intent of the General Assembly to
maintain a uniform system for the management of hazardous waste and to place
limitations upon the exercise by all units of local government in North
Carolina of the power to regulate the management of hazardous waste by means of
special, local, or private acts or resolutions, ordinances, property
restrictions, zoning regulations, or otherwise. Notwithstanding any authority
granted to counties, municipalities, or other local authorities to adopt local
ordinances, including but not limited to those imposing taxes, fees, or charges
or regulating health, environment, or land use, any local ordinance that
prohibits or has the effect of prohibiting the establishment or operation of a
hazardous waste facility that the Secretary has preempted pursuant to
subsections (b) through (f) of this section, shall be invalid to the extent
necessary to effectuate the purposes of this Chapter. To this end, all
provisions of special, local, or private acts or resolutions are repealed that:

(1) Prohibit the transportation, treatment, storage, or
disposal of hazardous waste within any county, city, or other political
subdivision.

(2) Prohibit the siting of a hazardous waste facility
within any county, city, or other political subdivision.

(3) Place any restriction or condition not placed by
this Article upon the transportation, treatment, storage, or disposal of
hazardous waste, or upon the siting of a hazardous waste facility within any
county, city, or other political subdivision.

(4) In any manner are in conflict or inconsistent with
the provisions of this Article.

(a1) No special, local, or private act or resolution
enacted or taking effect hereafter may be construed to modify, amend, or repeal
any portion of this Article unless it expressly provides for such by specific
references to the appropriate section of this Article. Further to this end, all
provisions of local ordinances, including those regulating land use, adopted by
counties, municipalities, or other local authorities that prohibit or have the
effect of prohibiting the establishment or operation of a hazardous waste
facility are invalidated to the extent preempted by the Secretary pursuant to
this section.

(b) When a hazardous waste facility would be prevented
from construction or operation by a county, municipal, or other local
ordinance, the operator of the proposed facility may petition the Secretary to
review the matter. After receipt of a petition, the Secretary shall hold a
hearing in accordance with the procedures in subsection (c) of this section and
shall determine whether or to what extent to preempt the local ordinance to
allow for the establishment and operation of the facility.

(c) When a petition described in subsection (b) of
this section has been filed with the Secretary, the Secretary shall hold a
public hearing to consider the petition. The public hearing shall be held in
the affected locality within 60 days after receipt of the petition by the
Secretary. The Secretary shall give notice of the public hearing by:

(1) Publication in a newspaper or newspapers having
general circulation in the county or counties where the facility is or is to be
located or operated, once a week for three consecutive weeks, the first notice
appearing at least 30 days prior to the scheduled date of the hearing; and

(2) First class mail to persons who have requested
notice. The Secretary shall maintain a mailing list of persons who request
notice in advance of the hearing pursuant to this section. Notice by mail shall
be complete upon deposit of a copy of the notice in a post-paid wrapper
addressed to the person to be notified at the address that appears on the
mailing list maintained by the Board, in a post office or official depository
under the exclusive care and custody of the United States Postal Service.

(c1) Any interested person may appear before the
Secretary at the hearing to offer testimony. In addition to testimony before
the Secretary, any interested person may submit written evidence to the
Secretary for the Secretary's consideration. At least 20 days shall be allowed
for receipt of written comment following the hearing.

(d) A local zoning or land-use ordinance is presumed to
be valid and enforceable to the extent the zoning or land-use ordinance imposes
requirements, restrictions, or conditions that are generally applicable to
development, including, but not limited to, setback, buffer, and stormwater
requirements, unless the Secretary makes a finding of fact to the contrary. The
Secretary shall determine whether or to what extent to preempt local ordinances
so as to allow for the establishment and operation of the facility no later
than 60 days after conclusion of the hearing. The Secretary shall preempt a
local ordinance only if the Secretary makes all of the following findings:

(1) That there is a local ordinance that would prohibit
or have the effect of prohibiting the establishment or operation of a hazardous
waste facility.

(2) That the proposed facility is needed in order to
establish adequate capability to meet the current or projected hazardous waste
management needs of this State or to comply with the terms of any interstate
agreement for the management of hazardous waste to which the State is a party
and therefore serves the interests of the citizens of the State as a whole.

(3) That all legally required State and federal permits
or approvals have been issued by the appropriate State and federal agencies or
that all State and federal permit requirements have been satisfied and that the
permits or approvals have been denied or withheld only because of the local
ordinance.

(4) That local citizens and elected officials have had
adequate opportunity to participate in the siting process.

(5) That the construction and operation of the facility
will not pose an unreasonable health or environmental risk to the surrounding
locality and that the facility operator has taken or consented to take
reasonable measures to avoid or manage foreseeable risks and to comply to the
maximum feasible extent with applicable local ordinances.

(d1) If the Secretary does not make all of the findings
under subsection (d) of this section, the Secretary shall not preempt the
challenged local ordinance. The Secretary's decision shall be in writing and
shall identify the evidence submitted to the Secretary plus any additional
evidence used in arriving at the decision.

(e) The decision of the Secretary shall be final
unless a party to the action files a written appeal under Article 4 of Chapter
150B of the General Statutes, as modified by G.S. 7A-29 and this section,
within 30 days of the date of the decision. The record on appeal shall consist
of all materials and information submitted to or considered by the Secretary,
the Secretary's written decision, a complete transcript of the hearing, all
written material presented to the Secretary regarding the location of the
facility, the specific findings required by subsection (d) of this section, and
any minority positions on the specific findings required by subsection (d) of
this section. The scope of judicial review shall be that the court may affirm
the decision of the Secretary, or may remand the matter for further
proceedings, or may reverse or modify the decision if the substantial rights of
the parties may have been prejudiced because the agency findings, inferences,
conclusions, or decisions are:

(1) In violation of constitutional provisions;

(2) In excess of the statutory authority or
jurisdiction of the agency;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Unsupported by substantial evidence admissible
under G.S. 150B-29(a) or G.S. 150B-30 in view of the entire record as
submitted; or

(6) Arbitrary or capricious.

(e1) If the court reverses or modifies the decision of
the agency, the judge shall set out in writing, which writing shall become part
of the record, the reasons for the reversal or modification.

(f) In computing any period of time prescribed or
allowed by this procedure, the provisions of Rule 6(a) of the Rules of Civil
Procedure, G.S. 1A-1, shall apply.

(a) The Department is authorized and directed to
engage in research, conduct investigations and surveys, make inspections and
establish a statewide solid waste management program. In establishing a
program, the Department shall have authority to:

(1) Develop a comprehensive program for implementation
of safe and sanitary practices for management of solid waste;

(2) Advise, consult, cooperate and contract with other
State agencies, units of local government, the federal government, industries
and individuals in the formulation and carrying out of a solid waste management
program;

(3) Develop and adopt rules to establish standards for
qualification as a "recycling, reduction or resource recovering
facility" or as "recycling, reduction or resource recovering equipment"
for the purpose of special tax classifications or treatment, and to certify as
qualifying those applicants which meet the established standards. The standards
shall be developed to qualify only those facilities and equipment exclusively
used in the actual waste recycling, reduction or resource recovering process
and shall exclude any incidental or supportive facilities and equipment;

(4) a. Develop a
permit system governing the establishment and operation of solid waste
management facilities. A landfill with a disposal area of 1/2 acre or less for
the on-site disposal of land clearing and inert debris is exempt from the
permit requirement of this section and shall be governed by G.S. 130A-301.1.
Demolition debris from the decommissioning of manufacturing buildings,
including electric generating stations, that is disposed of on the same site as
the decommissioned buildings, is exempt from the permit requirement of this
section and rules adopted pursuant to this section and shall be governed by
G.S. 130A-301.3. The Department shall not approve an application for a new
permit, major permit modification, or a substantial amendment to a permit for a
sanitary landfill, excluding demolition landfills as defined in the rules of
the Commission, except as provided in subdivisions (3) and (4) of subsection
(b1) of this section. No permit shall be granted for a solid waste management
facility having discharges that are point sources until the Department has
referred the complete plans and specifications to the Commission and has
received advice in writing that the plans and specifications are approved in
accordance with the provisions of G.S. 143-215.1. In any case where the
Department denies a permit for a solid waste management facility, it shall
state in writing the reason for denial and shall also state its estimate of the
changes in the applicant's proposed activities or plans that will be required
for the applicant to obtain a permit.

c. The Department shall deny an application for a
permit for a solid waste management facility if the Department finds that:

1. Construction or operation of the proposed facility
would be inconsistent with or violate rules adopted by the Commission.

2. Construction or operation of the proposed facility
would result in a violation of water quality standards adopted by the
Commission pursuant to G.S. 143-214.1 for waters, as defined in G.S. 143-213.

3. Construction or operation of the facility would
result in significant damage to ecological systems, natural resources, cultural
sites, recreation areas, or historic sites of more than local significance.
These areas include, but are not limited to, national or State parks or
forests; wilderness areas; historic sites; recreation areas; segments of the
natural and scenic rivers system; wildlife refuges, preserves, and management
areas; areas that provide habitat for threatened or endangered species; primary
nursery areas and critical fisheries habitat designated by the Marine Fisheries
Commission; and Outstanding Resource Waters designated by the Commission.

4. Construction or operation of the proposed facility
would substantially limit or threaten access to or use of public trust waters
or public lands.

5. The proposed facility would be located in a natural
hazard area, including a floodplain, a landslide hazard area, or an area
subject to storm surge or excessive seismic activity, such that the facility
will present a risk to public health or safety.

6. There is a practical alternative that would
accomplish the purposes of the proposed facility with less adverse impact on
public resources, considering engineering requirements and economic costs.

7. The cumulative impacts of the proposed facility and
other facilities in the area of the proposed facility would violate the
criteria set forth in sub-sub-subdivisions 2. through 5. of this sub-subdivision.

8. Construction or operation of the proposed facility
would be inconsistent with the State solid waste management policy and goals as
set out in G.S. 130A-309.04 and with the State solid waste management plan
developed as provided in G.S. 130A-309.07.

9. The cumulative impact of the proposed facility,
when considered in relation to other similar impacts of facilities located or proposed
in the community, would have a disproportionate adverse impact on a minority or
low-income community protected by Title VI of the federal Civil Rights Act of
1964. This subdivision shall apply only to the extent required by federal law.

d. Management of land clearing debris burned in
accordance with 15A NCAC 02D.1903 shall not require a permit pursuant to this
section.

(5a) Designate a geographic area within which the
collection, transportation, storage and disposal of all solid waste generated
within said area shall be accomplished in accordance with a solid waste
management plan. Such designation may be made only after the Department has
received a request from the unit or units of local government having
jurisdiction within said geographic area that such designation be made and
after receipt by the Department of a solid waste management plan which shall
include:

a. The existing and projected population for such
area;

b. The quantities of solid waste generated and
estimated to be generated in such area;

c. The availability of sanitary landfill sites and the
environmental impact of continued landfill of solid waste on surface and
subsurface waters;

d. The method of solid waste disposal to be utilized
and the energy or material which shall be recovered from the waste; and

e. Such other data that the Department may reasonably
require.

(5b) Authorize units of local government to require by
ordinance, that all solid waste generated within the designated geographic area
that is placed in the waste stream for disposal be collected, transported,
stored and disposed of at a permitted solid waste management facility or
facilities serving such area. The provisions of such ordinance shall not be
construed to prohibit the source separation of materials from solid waste prior
to collection of such solid waste for disposal, or prohibit collectors of solid
waste from recycling materials or limit access to such materials as an incident
to collection of such solid waste; provided such prohibitions do not authorize
the construction and operation of a resource recovery facility unless
specifically permitted pursuant to an approved solid waste management plan. If
a private solid waste landfill shall be substantially affected by such
ordinance then the unit of local government adopting the ordinance shall be
required to give the operator of the affected landfill at least two years
written notice prior to the effective date of the proposed ordinance.

(5c) Except for the authority to designate a geographic
area to be serviced by a solid waste management facility, delegate authority
and responsibility to units of local government to perform all or a portion of
a solid waste management program within the jurisdictional area of the unit of
local government; provided that no authority over or control of the operations
or properties of one local government shall be delegated to any other local
government.

(5d) Require that an annual report of the implementation
of the solid waste management plan within the designated geographic area be
filed with the Department.

(6) Charge and collect fees from operators of hazardous
waste disposal facilities. The fees shall be used to establish a fund
sufficient for each individual facility to defray the anticipated costs to the
State for monitoring and care of the facility after the termination of the
period during which the facility operator is required by applicable State and
federal statutes, regulations or rules to remain responsible for post-closure
monitoring and care. In establishing the fees, consideration shall be given to
the size of the facility, the nature of the hazardous waste and the projected
life of the facility.

(7) Establish and collect annual fees from generators
and transporters of hazardous waste, and from storage, treatment, and disposal
facilities regulated under this Article as provided in G.S. 130A-294.1.

(a1) A permit for a solid waste management facility may
be transferred only with the approval of the Department.

(a2) Permits for sanitary landfills and transfer
stations shall be issued for the life-of-site of the facility unless revoked as
otherwise provided under this Article or upon the expiration of any local
government franchise required for the facility pursuant to subsection (b1) of
this section. For purposes of this section, "life-of-site" means the
period from the initial receipt of solid waste at the facility until the
Department approves final closure of the facility. Permits issued pursuant to
this subsection shall take into account the duration of any permits previously
issued for the facility and the remaining capacity at the facility.

(b) The Commission shall adopt and the Department shall
enforce rules to implement a comprehensive statewide solid waste management
program. The rules shall be consistent with applicable State and federal law;
and shall be designed to protect the public health, safety, and welfare;
preserve the environment; and provide for the greatest possible conservation of
cultural and natural resources. Rules for the establishment, location,
operation, maintenance, use, discontinuance, recordation, post-closure care of
solid waste management facilities also shall be based upon recognized public
health practices and procedures, including applicable epidemiological research
and studies; hydrogeological research and studies; sanitary engineering
research and studies; and current technological development in equipment and methods.
The rules shall not apply to the management of solid waste that is generated by
an individual or individual family or household unit on the individual's
property and is disposed of on the individual's property.

(b1) (1) For purposes
of this subsection and subdivision (4) of subsection (a) of this section, a
"substantial amendment" means either:

a. An increase of ten percent (10%) or more in:

1. The population of the geographic area to be served
by the sanitary landfill;

2. The quantity of solid waste to be disposed of in
the sanitary landfill; or

3. The geographic area to be served by the sanitary
landfill.

b. A change in the categories of solid waste to be
disposed of in the sanitary landfill or any other change to the application for
a permit or to the permit for a sanitary landfill that the Commission or the
Department determines to be substantial.

(2) A person who intends to apply for a new permit,
major permit modification, or a substantial amendment to a permit for a
sanitary landfill shall obtain, prior to applying for a permit, a franchise for
the operation of the sanitary landfill from each local government having
jurisdiction over any part of the land on which the sanitary landfill and its
appurtenances are located or to be located. A local government may adopt a
franchise ordinance under G.S. 153A-136 or G.S. 160A-319. A franchise granted
for a sanitary landfill shall be granted for the life-of-site of the landfill
and shall include all of the following:

a. A statement of the population to be served,
including a description of the geographic area.

b. A description of the volume and characteristics of
the waste stream.

e. The procedures to be followed for governmental
oversight and regulation of the fees and rates to be charged by facilities
subject to the franchise for waste generated in the jurisdiction of the
franchising entity.

f. A facility plan for the sanitary landfill that
shall include the boundaries of the proposed facility, proposed development of
the facility site, the boundaries of all waste disposal units, final elevations
and capacity of all waste disposal units, the amount of waste to be received
per day in tons, the total waste disposal capacity of the sanitary landfill in
tons, a description of environmental controls, and a description of any other
waste management activities to be conducted at the facility. In addition, the
facility plan shall show the proposed location of soil borrow areas, leachate
facilities, and all other facilities and infrastructure, including ingress and
egress to the facility.

(2a) A local government may elect to award a preliminary
franchise. If a local government elects to award a preliminary franchise, the
preliminary franchise shall contain, at a minimum, all of the information
described in sub-subdivisions a. through e. of subdivision (2) of this
subsection plus a general description of the proposed sanitary landfill, including
the approximate number of acres required for the proposed sanitary landfill and
its appurtenances and a description of any other solid waste management
activities that are to be conducted at the site.

(2b) A local government may elect to include as part of a
franchise agreement a surcharge on waste disposed of in its jurisdiction by
other local governments located within the State. Funds collected by a local
government pursuant to such a surcharge may be used to support any services
supported by the local government's general fund.

(3) Prior to the award of a franchise for the
construction or operation of a sanitary landfill, the board of commissioners of
the county or counties in which the sanitary landfill is proposed to be located
or is located or, if the sanitary landfill is proposed to be located or is
located in a city, the governing board of the city shall conduct a public
hearing. The board of commissioners of the county or counties in which the
sanitary landfill is proposed to be located or is located or, if the sanitary
landfill is proposed to be located or is located in a city, the governing board
of the city shall provide at least 30 days' notice to the public of the public
hearing. The notice shall include a summary of all the information required to
be included in the franchise, and shall specify the procedure to be followed at
the public hearing. The applicant for the franchise shall provide a copy of the
application for the franchise that includes all of the information required to
be included in the franchise, to the public library closest to the proposed
sanitary landfill site to be made available for inspection and copying by the
public.

(4) An applicant for a new permit, major permit
modification, or a substantial amendment to a permit for a sanitary landfill
shall request each local government having jurisdiction over any part of the
land on which the sanitary landfill and its appurtenances are located or to be
located to issue a determination as to whether the local government has in effect
a franchise, zoning, subdivision, or land-use planning ordinance applicable to
the sanitary landfill and whether the proposed sanitary landfill, or the
existing sanitary landfill as it would be operated under the major permit
modification or substantially amended permit, would be consistent with the
applicable ordinances. The request to the local government shall be accompanied
by a copy of the permit application and shall be delivered to the clerk of the
local government personally or by certified mail. In order to serve as a basis
for a determination that an application for a new permit, major permit
modification, or a substantial amendment to a permit for a sanitary landfill is
consistent with a zoning, subdivision, or land-use planning ordinance, an
ordinance or zoning classification applicable to the real property designated
in the permit application shall have been in effect not less than 90 days prior
to the date the request for a determination of consistency is delivered to the
clerk of the local government. The determination shall be verified or supported
by affidavit signed by the chief administrative officer, the chief
administrative officer's designee, clerk, or other official designated by the
local government to make the determination and, if the local government states
that the sanitary landfill as it would be operated under the new permit, major
permit modification, or substantially amended permit is inconsistent with a
franchise, zoning, subdivision, or land-use planning ordinance, shall include a
copy of the ordinance and the specific reasons for the determination of
inconsistency. A copy of the determination shall be provided to the applicant
when the determination is submitted to the Department. The Department shall not
act upon an application for a permit under this section until it has received a
determination from each local government requested to make a determination by
the applicant; provided that if a local government fails to submit a
determination to the Department as provided by this subsection within 15 days
after receipt of the request, the Department shall proceed to consider the
permit application without regard to a franchise, local zoning, subdivision,
and land-use planning ordinances. Unless the local government makes a subsequent
determination of consistency with all ordinances cited in the determination or
the sanitary landfill as it would be operated under the new permit, major
permit modification, or substantially amended permit is determined by a court
of competent jurisdiction to be consistent with the cited ordinances, the
Department shall attach as a condition of the permit a requirement that the
applicant, prior to construction or operation of the sanitary landfill under
the permit, comply with all lawfully adopted local ordinances cited in the
determination that apply to the sanitary landfill. This subsection shall not be
construed to affect the validity of any lawfully adopted franchise, local
zoning, subdivision, or land-use planning ordinance or to affect the responsibility
of any person to comply with any lawfully adopted franchise, local zoning,
subdivision, or land-use planning ordinance. This subsection shall not be
construed to limit any opportunity a local government may have to comment on a
permit application under any other law or rule. This subsection shall not apply
to any facility with respect to which local ordinances are subject to review
under either G.S. 104E-6.2 or G.S. 130A-293.

(5) As used in this subdivision, "coal-fired
generating unit" and "investor-owned public utility" have the
same meaning as in G.S. 143-215.107D(a). Notwithstanding subdivisions (a)(4),
(b1)(3), or (b1)(4) of this section, no franchise shall be required for a
sanitary landfill used only to dispose of waste generated by a coal-fired
generating unit that is owned or operated by an investor-owned utility subject
to the requirements of G.S. 143-215.107D.

(b2) The Department shall require an applicant for a
permit or a permit holder under this Article to satisfy the Department that the
applicant or permit holder, and any parent, subsidiary, or other affiliate of
the applicant, permit holder, or parent, including any joint venturer with a
direct or indirect interest in the applicant, permit holder, or parent:

(1) Is financially qualified to carry out the activity
for which the permit is required. An applicant for a permit and permit holders
for solid waste management facilities that are not hazardous waste facilities
shall establish financial responsibility as required by G.S. 130A-295.2. An
applicant for a permit and permit holders for hazardous waste facilities shall
establish financial responsibility as required by G.S. 130A-295.04.

(2) Has substantially complied with the requirements
applicable to any activity in which the applicant or permit holder, or a
parent, subsidiary, or other affiliate of the applicant, permit holder, or
parent, or a joint venturer with a direct or indirect interest in the applicant
has previously engaged and has been in substantial compliance with federal and
state laws, regulations, and rules for the protection of the environment as
provided in G.S. 130A-295.3.

(b3) An applicant for a permit or a permit holder under
this Article shall satisfy the Department that the applicant has met the
requirements of subsection (b2) of this section before the Department is
required to otherwise review the application.

(c) The Commission shall adopt and the Department
shall enforce rules governing the management of hazardous waste. These rules
shall establish a complete and integrated regulatory scheme in the area of
hazardous waste management, implement this Part, and shall:

(2) Require record keeping and reporting by generators
and transporters of hazardous waste and owners and operators of hazardous waste
facilities.

(3) Require proper labeling of hazardous waste
containers.

(4) Require use of appropriate containers for hazardous
waste.

(5) Require maintenance of a manifest system to assure
that all hazardous waste is designated for treatment, storage or disposal at a
hazardous waste facility to which a permit has been issued.

(6) Require proper transportation of hazardous waste.

(7) Develop treatment storage and disposal standards of
performance and techniques to be used by hazardous waste facilities.

(8) Develop standards regarding location, design,
ownership and construction of hazardous waste facilities; provided, however,
that no hazardous waste disposal facility or polychlorinated biphenyl disposal
facility shall be located within 25 miles of any other hazardous waste disposal
facility or polychlorinated biphenyl disposal facility.

(9) Require plans to minimize unanticipated damage from
treatment, storage or disposal of hazardous waste; and a plan or plans
providing for the establishment and/or operation of one or more hazardous waste
facilities in the absence of adequate approved hazardous waste facilities
established or operated by any person within the State.

(10) Require proper maintenance and operation of
hazardous waste facilities, including requirements for ownership by any person
or the State, require demonstration of financial responsibility in accordance
with this section and G.S. 130A-295.04, provide for training of personnel, and
provide for continuity of operation and procedures for establishing and
maintaining hazardous waste facilities.

(11) Require owners or operators of hazardous waste
facilities to monitor the facilities.

(12) Authorize or require inspection or copying of
records required to be kept by owners or operators.

(13) Provide for collection and analysis of hazardous
waste samples and samples of hazardous waste containers and labels from
generators and transporters and from owners and operators of hazardous waste
facilities.

(14) Develop a permit system governing the establishment
and operation of hazardous waste facilities.

(15) Develop additional requirements as necessary for the
effective management of hazardous waste.

(16) Require the operator of the hazardous waste disposal
facility to maintain adequate insurance to cover foreseeable claims arising
from the operation of the facility. The Department shall determine what
constitutes an adequate amount of insurance.

(17) Require the bottom of a hazardous waste disposal
facility to be at least 10 feet above the seasonal high water table and more
when necessary to protect the public health and the environment.

(18) Require the operator of a hazardous waste disposal
facility to make monthly reports to the board of county commissioners of the
county in which the facility is located on the kinds and amounts of hazardous
wastes in the facility.

(d) The Commission is authorized to adopt and the
Department is authorized to enforce rules where appropriate for public
participation in the consideration, development, revision, implementation and
enforcement of any permit rule, guideline, information or program under this
Article.

(e) Rules adopted under this section may incorporate
standards and restrictions which exceed and are more comprehensive than
comparable federal regulations.

(f) Within 10 days of receiving an application for a
permit or for an amendment to an existing permit for a hazardous waste
facility, the Department shall notify the clerk of the board of commissioners
of the county or counties in which the facility is proposed to be located or is
located and, if the facility is proposed to be located or is located within a
city, the clerk of the governing board of the city, that the application has
been filed, and shall file a copy of the application with the clerk. Prior to
the issuance of a permit or an amendment of an existing permit the Secretary or
the Secretary's designee shall conduct a public hearing in the county, or in
one of the counties in which the hazardous waste facility is proposed to be
located or is located. The Secretary or the Secretary's designee shall give
notice of the hearing, and the public hearing shall be in accordance with
applicable federal regulations adopted pursuant to RCRA and with Chapter 150B
of the General Statutes. Where the provisions of the federal regulations and
Chapter 150B of the General Statutes are inconsistent, the federal regulations
shall apply.

(g) The Commission shall develop and adopt standards
for permitting of hazardous waste facilities. Such standards shall be developed
with, and provide for, public participation; shall be incorporated into rules;
shall be consistent with all applicable federal and State law, including
statutes, regulations and rules; shall be developed and revised in light of the
best available scientific data; and shall be based on consideration of at least
the following factors:

(6) Aesthetic factors, including the visibility,
appearance, and noise level of the facility;

(7) Availability and reliability of public utilities;
and

(8) Availability of emergency response personnel and
equipment.

(h) Rules adopted by the Commission shall be subject
to the following requirements:

(1) Repealed by Session Laws 1989, c. 168, s. 20.

(2) Hazardous waste shall be treated prior to disposal
in North Carolina. The Commission shall determine the extent of waste treatment
required before hazardous waste can be disposed of in a hazardous waste
disposal facility.

(3) Any hazardous waste disposal facility hereafter
constructed in this State shall meet, at the minimum, the standards of
construction imposed by federal regulations adopted under the RCRA at the time
the permit is issued.

(4) No hazardous waste disposal facility or
polychlorinated biphenyl disposal facility shall be located within 25 miles of
any other hazardous waste disposal facility or polychlorinated biphenyl disposal
facility.

(6) The following shall not be disposed of in a
hazardous waste disposal facility: ignitables as defined in the RCRA,
polyhalogenated biphenyls of 50 ppm or greater concentration, and free liquids
whether or not containerized.

(7) Facilities for disposal or long-term storage of
hazardous waste shall have at a minimum the following: a leachate collection
and removal system above an artificial impervious liner of at least 30 mils in
thickness, a minimum of five feet of clay or clay-like liner with a maximum
permeability of 1.0 x 10 - 7 centimeters per second (cm/sec) below said
artificial liner, and a leachate detection system immediately below the clay or
clay-like liner.

(8) Hazardous waste shall not be stored at a hazardous
waste treatment facility for over 90 days prior to treatment or disposal.

(9) The Commission shall consider any hazardous waste
treatment process proposed to it, if the process lessens treatment cost or
improves treatment over then current methods or standards required by the
Commission.

(10) Prevention, reduction, recycling, and detoxification
of hazardous wastes should be encouraged and promoted. Hazardous waste disposal
facilities and polychlorinated biphenyl disposal facilities shall be detoxified
as soon as technology which is economically feasible is available and
sufficient money is available without additional appropriation.

(i) (Effective until December 31, 2017) The
Department shall report to the Fiscal Research Division of the General
Assembly, the Senate Appropriations Subcommittee on Natural and Economic
Resources, the House Appropriations Subcommittee on Natural and Economic
Resources, and the Environmental Review Commission on or before January 1 of
each year on the implementation and cost of the hazardous waste management
program. The report shall include an evaluation of how well the State and
private parties are managing and cleaning up hazardous waste. The report shall
also include recommendations to the Governor, State agencies, and the General
Assembly on ways to: improve waste management; reduce the amount of waste
generated; maximize resource recovery, reuse, and conservation; and minimize
the amount of hazardous waste which must be disposed of. The report shall
include beginning and ending balances in the Hazardous Waste Management Account
for the reporting period, total fees collected pursuant to G.S. 130A-294.1,
anticipated revenue from all sources, total expenditures by activities and
categories for the hazardous waste management program, any recommended
adjustments in annual and tonnage fees which may be necessary to assure the
continued availability of funds sufficient to pay the State's share of the cost
of the hazardous waste management program, and any other information requested
by the General Assembly. In recommending adjustments in annual and tonnage
fees, the Department may propose fees for hazardous waste generators, and for
hazardous waste treatment facilities that treat waste generated on site, which
are designed to encourage reductions in the volume or quantity and toxicity of
hazardous waste. The report shall also include a description of activities
undertaken to implement the resident inspectors program established under G.S.
130A-295.02. In addition, the report shall include an annual update on the
mercury switch removal program that shall include, at a minimum, all of the
following:

(2) A detailed description of the mercury switch
collection system developed and implemented by vehicle manufacturers in
accordance with the NVMSRP.

(3) In the event that a mercury recovery performance
ratio of at least 0.90 of the national mercury recovery performance ratio as
reported by the NVMSRP is not achieved, a description of additional or
alternative actions that may be implemented to improve the mercury switch
removal program.

(4) The number of mercury switches collected and a
description of how the mercury switches were managed.

(5) A statement that details the costs required to
implement the mercury switch removal program, including a summary of receipts
and disbursements from the Mercury Switch Removal Account.

(i) (Effective December 31, 2017) The
Department shall report to the Fiscal Research Division of the General
Assembly, the Senate Appropriations Subcommittee on Natural and Economic
Resources, the House Appropriations Subcommittee on Natural and Economic
Resources, and the Environmental Review Commission on or before January 1 of
each year on the implementation and cost of the hazardous waste management
program. The report shall include an evaluation of how well the State and
private parties are managing and cleaning up hazardous waste. The report shall
also include recommendations to the Governor, State agencies, and the General
Assembly on ways to: improve waste management; reduce the amount of waste
generated; maximize resource recovery, reuse, and conservation; and minimize
the amount of hazardous waste which must be disposed of. The report shall
include beginning and ending balances in the Hazardous Waste Management Account
for the reporting period, total fees collected pursuant to G.S. 130A-294.1,
anticipated revenue from all sources, total expenditures by activities and
categories for the hazardous waste management program, any recommended
adjustments in annual and tonnage fees which may be necessary to assure the
continued availability of funds sufficient to pay the State's share of the cost
of the hazardous waste management program, and any other information requested
by the General Assembly. In recommending adjustments in annual and tonnage
fees, the Department may propose fees for hazardous waste generators, and for
hazardous waste treatment facilities that treat waste generated on site, which
are designed to encourage reductions in the volume or quantity and toxicity of
hazardous waste. The report shall also include a description of activities
undertaken to implement the resident inspectors program established under G.S.
130A-295.02. In addition, the report shall include an annual update on the
mercury switch removal program that shall include, at a minimum, all of the
following:

(1) A detailed description and documentation of the capture
rate achieved.

(3) In the event that a capture rate of at least ninety
percent (90%) is not achieved, a description of additional or alternative
actions that may be implemented to improve the mercury minimization plan and
its implementation.

(4) The number of mercury switches collected, the
number of end-of-life vehicles containing mercury switches, the number of end-of-life
vehicles processed for recycling, and a description of how the mercury switches
were managed.

(5) A statement that details the costs required to
implement the mercury minimization plan.

(k) Each person who generates hazardous waste who is
required to pay a fee under G.S. 130A-294.1, and each operator of a hazardous
waste treatment facility which treats waste generated on-site who is required
to pay a fee under G.S. 130A-294.1, shall submit to the Department at the time
such fees are due, a written description of any program to minimize or reduce
the volume and quantity or toxicity of such waste.

(l) Disposal of solid waste in or upon water in a
manner that results in solid waste entering waters or lands of the State is
unlawful. Nothing herein shall be interpreted to affect disposal of solid waste
in a permitted landfill.

(m) Demolition debris consisting of used asphalt or
used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar
nonhazardous material may be used as fill and need not be disposed of in a
permitted landfill or solid waste disposal facility. Such demolition debris may
not be placed in the waters of the State or at or below the seasonal high water
table.

(n) The Department shall encourage research and development
and disseminate information on state-of-the-art means of handling and disposing
of hazardous waste. The Department may establish a waste information exchange
for the State.

(o) The Department shall promote public education and
public involvement in the decision-making process for the siting and permitting
of proposed hazardous waste facilities. The Department shall assist localities
in which facilities are proposed in collecting and receiving information
relating to the suitability of the proposed site. At the request of a local
government in which facilities are proposed, the Department shall direct the
appropriate agencies of State government to develop such relevant data as that
locality shall reasonably request.

(p) The Department shall each year recommend to the
Governor a recipient for a "Governor's Award of Excellence" which the
Governor shall award for outstanding achievement by an industry or company in
the area of waste management.

(q) The Secretary shall, at the request of the
Governor and under the Governor's direction, assist with the negotiation of
interstate agreements for the management of hazardous waste.

(s) The Department is authorized to enter upon any
lands and structures upon lands to make surveys, borings, soundings, and
examinations as may be necessary to determine the suitability of a site for a
hazardous waste facility or hazardous waste disposal facility. The Department
shall give 30 days notice of the intended entry authorized by this section in
the manner prescribed for service of process by G.S. 1A-1, Rule 4. Entry under
this section shall not be deemed a trespass or taking; provided, however, that
the Department shall make reimbursement for any damage to land or structures
caused by these activities.

(t) Construction and demolition debris diverted from
the waste stream or collected as source separated material is subject to a
solid waste permit for transfer, treatment, and processing in a permitted solid
waste management facility. The Department may adopt rules to implement this
subsection.

§ 130A-294.1. Fees applicable to generators and transporters
of hazardous waste, and to hazardous waste storage, treatment, and disposal
facilities.

(a) It is the intent of the General Assembly that the
fee system established by this section is solely to provide funding in addition
to federal and State appropriations to support the State's hazardous waste
management program.

(b) Funds collected pursuant to this section shall be
used for personnel and other resources necessary to:

(1) Provide a high level of technical assistance and
waste minimization effort for the hazardous waste management program.

(2) Provide timely review of permit applications.

(3) Insure that permit decisions are made on a sound
technical basis and that permit decisions incorporate all conditions necessary
to accomplish the purposes of this Part.

(d) The Hazardous Waste Management Account is
established as a nonreverting account within the Department. All fees collected
under this section shall be credited to the Account and shall be used for the
purposes listed in subsection (b).

(e) A person who generates either one kilogram or more
of any acute hazardous waste as listed in 40 C.F.R. § 261.30(d) or § 261.33(e)
as revised 1 July 1987, or 1000 kilograms or more of hazardous waste, in any calendar
month during the year beginning 1 July and ending 30 June shall pay an annual
fee of one thousand four hundred dollars ($1,400).

(f) A person who generates 100 kilograms or more of
hazardous waste in any calendar month during the year beginning 1 July and
ending 30 June but less than 1000 kilograms of hazardous waste in each calendar
month during that year shall pay an annual fee of one hundred seventy-five
dollars ($175.00).

(g) A person who generates one kilogram or more of
acute hazardous waste or 1000 kilograms or more of hazardous waste in any
calendar month during the calendar year shall pay, in addition to any fee under
subsections (e) and (f) of this section, a tonnage fee of seventy cents ($0.70)
per ton or any part thereof of hazardous waste generated during that year up to
a maximum of 25,000 tons.

(h) A person who generates less than one kilogram of
acute hazardous waste and less than 100 kilograms of hazardous waste in each
calendar month during the year beginning 1 July and ending 30 June shall not be
liable for payment of a fee under subsections (e) and (f) of this section for
that year.

(i) Hazardous waste generated as a result of any type
of remedial action or by collection by a local government of hazardous waste
from households shall not be subject to a tonnage fee under subsections (g) and
(l) of this section.

(k) A storage, treatment, or disposal facility shall
pay an annual activity fee of one thousand six hundred eighty dollars ($1,680)
for each activity.

(l) A commercial hazardous waste storage, treatment,
or disposal facility shall pay annually, in addition to the fees applicable to
all hazardous waste storage, treatment, or disposal facilities, a single
tonnage charge of two dollars and forty-five cents ($2.45) per ton or any part
thereof of hazardous waste stored, treated, or disposed of at the facility. A
manufacturing facility that receives hazardous waste generated from the use of
a product typical of its manufacturing process for the purpose of recycling is
exempt from this tonnage charge. A facility must have a permit issued under
this Article which includes the recycling activity and specifies the type and
amount of waste allowed to be received from off-site for recycling.

(m) An applicant for a permit for a hazardous waste
storage, treatment, or disposal facility that proposes to operate as a
commercial facility shall pay an application fee for each proposed activity as
follows:

(1) Storage facility $14,000.

(2) Treatment facility $21,000.

(3) Disposal facility $35,000.

(n) The Commission may adopt rules setting fees for
modifications to permits. Such fees shall not exceed fifty percent (50%) of the
application fee.

(o) Annual fees established under this section are due
no later than 31 July for the fiscal year beginning 1 July in the same year.
Tonnage fees established under this section are due no later than 31 July for
the previous calendar year.

(a) An applicant for a permit for a hazardous waste
facility shall satisfy the Department that:

(1) Any hazardous waste facility constructed or
operated by the applicant, or any parent or subsidiary corporation if the
applicant is a corporation, has been operated in accordance, with sound waste
management practices and in substantial compliance with federal and state laws,
regulations and rules; and

(2) The applicant, or any parent or subsidiary
corporation if the applicant is a corporation, is financially qualified to
operate the proposed hazardous waste facility.

(b) An applicant for a permit for a hazardous waste
facility shall satisfy the Department that he has met the requirements of
subsection (a) of this section before the Department is required to otherwise
review the application. In order to continue to hold a permit under this
Chapter, a permittee must remain financially qualified and must provide any
information requested by the Department to demonstrate that he continues to be
financially qualified.

(c) No permit for any new commercial hazardous waste
treatment, storage, or disposal facility shall be issued or become effective,
and no permit for a commercial hazardous waste treatment, storage, or disposal
facility shall be modified until the applicant has satisfied the Department
that such facility is needed to meet the current or projected hazardous waste
management needs of this State or to comply with the terms of any interstate
agreement for the management of hazardous waste to which the State is a party.
The Commission shall adopt rules to implement this subsection.

(d) At least 120 days prior to submitting an
application, an applicant for a permit for a hazardous waste facility shall
provide to the county in which the facility is located, to any municipality
with planning jurisdiction over the site of the facility, and to all emergency
response agencies that have a role under the contingency plan for the facility
all of the following information:

(1) Information on the nature and type of operations to
occur at the facility.

(2) Identification of the properties of the hazardous
waste to be managed at the facility.

(3) A copy of the draft contingency plan for the
facility that includes the proposed role for each local government and each
emergency response agency that received information under this subsection.

(4) Information on the hazardous waste locations within
the facility.

(e) Within 60 days of receiving the information, each
local government and emergency response agency that receives information under
subsection (d) of this section shall respond to the applicant in writing as to
the adequacy of the contingency plan and the availability and adequacy of its
resources and equipment to respond to an emergency at the facility that results
in a release of hazardous waste or hazardous waste constituents into the
environment according to the role set forth for the local government or
emergency response agency under the contingency plan.

(f) An applicant for a permit for a hazardous waste
facility shall include documentation that each local government and emergency
response agency received the information required under subsection (d) of this
section, the written responses the applicant received under subsection (e) of
this section, and verification by each that its resources and equipment are
available and adequate to respond to an emergency at the facility in accordance
with its role as set forth in the contingency plan. If the applicant does not
receive a timely verification from a local government or emergency response
agency notified under subsection (d) of this section, the Department shall
verify the adequacy of resources and equipment for emergency response during
the course of review of the permit application, taking into account any
contracts entered into by the applicant for such emergency response resources.

(g) At each two-year interval after a permit for a
hazardous waste facility is issued, the permit holder shall verify that the
resources and equipment of each local government and emergency response agency
are available and adequate to respond to an emergency at the facility in
accordance with its role as set forth in the contingency plan and shall submit
this verification to the Department. (1981, c. 704, s.
7; 1983, c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 973, s. 8; 1987, § 461, s.
3; 1989, c. 168, s. 24; 2007-107, s. 1.2(a).)

(1) "Commercial hazardous waste facility"
means any hazardous waste facility that accepts hazardous waste from the
general public or from another person for a fee, but does not include any
facility owned or operated by a generator of hazardous waste solely for his own
use, and does not include any facility owned by the State or by any agency or
subdivision thereof solely for the management of hazardous waste generated by
agencies or subdivisions of the State.

(2) "New", when used in connection with
"facility", refers to a planned or proposed facility, or a facility
that has not been placed in operation, but does not include facilities that
have commenced operations as of 22 June 1987, including facilities operated
under interim status.

(3) "Modified", when used in connection with
"permit", means any change in any permit in force on or after 22 June
1987 that would either expand the scope of permitted operations, or extend the
expiration date of the permit, or otherwise constitute a Class 2 or Class 3
modification of the permit as defined in 40 Code of Federal Regulations §
270.41 (1 July 2006).

(4) "7Q10 conditions", when used in
connection with "surface water," refers to the minimum average flow
for a period of seven consecutive days that has an average occurrence of once
in 10 years as referenced in 15 NCAC 2B.0206(a)(3) as adopted 1 February 1976.

(b) No permit for any new commercial hazardous waste
facility shall be issued or become effective, and no permit for a commercial
hazardous waste facility shall be modified, until the applicant has satisfied
the Department that such facility meets, in addition to all other applicable
requirements, the following requirements:

(1) The facility shall not discharge directly a
hazardous or toxic substance into a surface water that is upstream from a
public drinking water supply intake in North Carolina, unless there is a
dilution factor of 1000 or greater at the point of discharge into the surface
water under 7Q10 conditions.

(2) The facility shall not discharge indirectly through
a publicly owned treatment works (POTW) a hazardous or toxic substance into a
surface water that is upstream from a public drinking water supply intake in
North Carolina, unless there is a dilution factor of 1000 or greater,
irrespective of any dilution occurring in a wastewater treatment plant, at the
point of discharge into the surface water under 7Q10 conditions.

(c) The Department shall not issue a permit for a
commercial hazardous waste facility for a period of more than five years. A
permit holder for a commercial hazardous waste facility who intends to apply
for renewal of the permit shall submit an application for the renewal of the
permit at least one year before the permit expires unless the Department
approves a shorter period of time.

(d) The owner or operator of a commercial hazardous
waste facility shall maintain a record of information at an off-site location
that identifies the generators of the waste and the quantity, type, location,
and hazards of the waste at the facility and shall make this information
available in a form and manner to be determined by the Department, accessible
to the Department, to the county in which the facility is located, to any
municipality with planning jurisdiction over the site of the facility, and to
emergency response agencies that have a role under the contingency plan for the
facility.

(e) (1) Within 10
days of filing an application for a permit for a commercial hazardous waste
facility, the applicant shall notify every person who resides or owns property
located within one-fourth mile of any property boundary of the facility that
the application has been filed. The notice shall be by mail to residents and by
certified mail to property owners, or by any other means approved by the
Department, shall be in a form approved by the Department, and shall include
all of the following:

a. The location of the facility.

b. A description of the facility.

c. The hazardous and nonhazardous wastes that are to
be received and processed at the facility.

d. A description of the emergency response plan for
the facility.

(2) The permit holder for a commercial hazardous waste
facility shall publish a notice that includes the information set out in
subdivision (1) of this subsection annually beginning one year after the permit
is issued. The notice shall be published in a form and manner approved by the
Department in a newspaper of general circulation in the community where the
facility is located.

(3) The permit holder for a commercial hazardous waste
facility shall provide the information set out in subdivision (1) of this
subsection by mail to the persons described in subdivision (1) of this
subsection at the midpoint of the period for which the permit is issued.

(4) Each commercial hazardous waste facility applicant
and permit holder shall provide documentation to demonstrate to the Department
that the requirements set out in subdivisions (1), (2), and (3) of this
subsection have been met.

(f) No later than 31 January of each year, the owner
or operator of a commercial hazardous waste facility shall report to the
Department any increase or decrease in the number of sensitive land uses and
any increase or decrease in estimated population density based on information
provided by the local government that has planning jurisdiction over the site
on which the facility is located that occurred during the previous calendar
year in the area located within one-fourth mile of any property boundary of the
facility. Changes shall be recorded in the operating record of the facility. As
used in this subsection, "sensitive land use" includes residential
housing, places of assembly, places of worship, schools, day care providers,
and hospitals. Sensitive land use does not include retail businesses.

(g) The owner or operator of a commercial hazardous
waste facility shall provide a security and surveillance system at the facility
24 hours a day, seven days a week in order to continuously monitor site
conditions and to control entry. The security and surveillance system shall be
capable of promptly detecting unauthorized access to the facility; monitoring
conditions; identifying operator errors; and detecting any discharge that could
directly or indirectly cause a fire, explosion, or release of hazardous waste
or hazardous waste constituents into the environment or threaten human health.
The requirements of this subsection may be satisfied either by employing
trained facility personnel or by providing an electronic security and
surveillance system which may include television, motion detectors, heat-sensing
equipment, combustible gas monitors, or any combination of these, as approved
by the Department.

(h) The operator of a commercial hazardous waste
facility shall install an on-site wind monitor approved by the Department. The
wind monitor required shall be located so that the real-time wind direction can
be determined from a remote location in the event of a release of hazardous
waste or hazardous waste constituents into the environment. (1987, c. 437, s. 1; 2007-107, ss. 1.3(a), 1.4(a), 1.5(a),
1.6(a), 1.7(a), 1.9(a), 2.1(b); 2007-495, s. 15(a)-(e).)

(a) The Division shall employ full-time resident
inspectors for each commercial hazardous waste facility located within the
State. Such inspectors shall be employed and assigned so that at least one
inspector is on duty at all times during which any component of the facility is
in operation, is undergoing any maintenance or repair, or is undergoing any
test or calibration. Resident inspectors shall be assigned to commercial
hazardous waste management facilities so as to protect the public health and
the environment, to monitor all aspects of the operation of such facilities,
and to assure compliance with all laws and rules administered by the Division
and by any other division of the Department. Such inspectors may also enforce
laws or rules administered by any other agency of the State pursuant to an
appropriate memorandum of agreement entered into by the Secretary and the chief
administrative officer of such agency. The Division may assign additional
resident inspectors to a facility depending upon the quantity and toxicity of
waste managed at a facility, diversity of types of waste managed at the
facility, complexity of management technologies utilized at the facility, the
range of components which are included at the facility, operating history of
the facility, and other factors relative to the need for on-site inspection and
enforcement capabilities. The Division, in consultation with other divisions of
the Department, shall define the duties of each resident inspector and shall
determine whether additional resident inspectors are needed at a particular
facility to meet the purposes of this section.

(b) The Division shall establish requirements
pertaining to education, experience, and training for resident inspectors so as
to assure that such inspectors are fully qualified to serve the purposes of
this section. The Division shall provide its resident inspectors with such
training, equipment, facilities, and supplies as may be necessary to fulfill
the purposes of this section.

(c) As a condition of its permit, the owner or
operator of each commercial hazardous waste facility located within the State
shall provide and maintain such appropriate and secure offices and laboratory
facilities as the Department may require for the use of the resident inspectors
required by this section.

(d) Resident inspectors assigned to a commercial
hazardous waste facility shall have unrestricted access to all operational
areas of such facility at all times. For the protection of resident inspectors
and the public, the provisions of G.S. 143-215.107(f) shall not apply to
commercial hazardous waste facilities to which a resident inspector is
assigned.

(e) No commercial hazardous waste facility shall be
operated, undergo any maintenance or repair, or undergo any testing or
calibration unless an inspector employed by the Division is present at the
facility.

(f) The requirements of this section are intended to
enhance the ability of the Department to protect the public health and the
environment by providing the Department with the authority and resources
necessary to maintain a rigorous inspection and enforcement program at
commercial hazardous waste management facilities. The requirements of this
section are intended to be supplementary to other requirements imposed on
hazardous waste facilities. This section shall not be construed to relieve
either the owner or the operator of any such facility or the Department from any
other requirement of law or to require any unnecessary duplication of reporting
or monitoring requirements.

(g) For the purpose of enforcing the laws and rules
enacted or adopted for the protection of the public health and the environment,
resident inspectors employed pursuant to this section may be commissioned as
special peace officers as provided in G.S. 113-28.1. The provisions of Article
1A of Chapter 113 of the General Statutes shall apply to resident inspectors
commissioned as special peace officers pursuant to this subsection.

(h) The Department shall determine the full cost of
the employment and assignment of resident inspectors at each commercial
hazardous waste facility located within the State. Such costs shall include,
but are not limited to, costs incurred for salaries, benefits, travel,
training, equipment, supplies, telecommunication and data transmission, offices
and other facilities other than those provided by the owner or operator, and
administrative expenses. The Department shall establish and revise as necessary
a schedule of fees to be assessed on the users of each such facility to recover
the actual cost of the resident inspector program at that facility. The
operator of each such facility shall serve as the collection agent for such
fees, shall account to the Department on a monthly basis for all fees
collected, and shall deposit with the Department all funds collected pursuant
to this section within 15 days following the last day of the month in which
such fees are collected. Fees collected under this section shall be credited to
the General Fund as nontax revenue.

(i) The Division shall establish and revise as
necessary a program for assigning resident inspectors to commercial hazardous
waste facilities so that scheduled rotation or equivalent oversight procedures
ensure that each resident inspector will maintain objectivity.

(j) For purposes of this subsection, special purpose
commercial hazardous waste facilities include: a facility that manages limited
quantities of hazardous waste; a facility that limits its hazardous waste
management activities to reclamation or recycling, including energy or
materials recovery or a facility that stores hazardous waste primarily for use
at such facilities; or a facility that is determined to be low risk under rules
adopted by the Commission pursuant to this subsection. The Commission shall
adopt rules to determine whether a commercial hazardous waste facility is a
special purpose commercial hazardous waste facility and to establish
classifications of special purpose commercial hazardous waste facilities. The
rules to determine whether a commercial hazardous waste facility is a special
purpose commercial hazardous waste facility and to establish classifications of
special purpose commercial hazardous waste facilities shall be based on factors
including, but not limited to, the size of the facility, the type of treatment
or storage being performed, the nature and volume of waste being treated or
stored, the uniformity, similarity, or lack of diversity of the waste streams,
the predictability of the nature of the waste streams and their treatability,
whether the facility utilizes automated monitoring or safety devices that
adequately perform functions that would otherwise be performed by a resident inspector,
the fact that reclamation or recycling is being performed at the facility, and
the compliance history of the facility and its operator. Based on the foregoing
factors and any increase or decrease in the number of sensitive land uses over
time or in estimated population density over time reported pursuant to G.S.
130A-295.01(f), rules adopted pursuant to this subsection shall establish times
and frequencies for the presence of a resident inspector on less than a full-time
basis at special purpose commercial hazardous waste facilities and specify a
minimum number of additional inspections at special purpose hazardous waste
facilities.

Special purpose commercial hazardous waste facilities that
utilize hazardous waste as a fuel source shall be inspected a minimum of 40
hours per week, unless compliance data for these facilities can be
electronically monitored and recorded off-site by the Department. The
Department, considering the benefits provided by electronic monitoring, shall
determine the number of hours of on-site inspection required at these
facilities. The Department shall maintain records of all inspections at special
purpose commercial hazardous waste facilities. Such records shall contain
sufficient detail and shall be arranged in a readily understandable format so
as to facilitate determination at any time as to whether the special purpose
commercial hazardous waste facility is in compliance with the requirements of
this subsection and of rules adopted pursuant to this subsection. Notwithstanding
any other provision of this section, special purpose commercial hazardous waste
facilities shall be subject to inspection at all times during which the
facility is in operation, undergoing any maintenance or repair, or undergoing
any test or calibration.

(k) For purposes of this section, a facility that
utilizes hazardous waste as a fuel or that has used hazardous waste as a fuel
within the preceding calendar year, and that is an affiliate of and adjacent or
contiguous to a commercial hazardous waste facility, shall be subject to
inspection as a special purpose commercial hazardous waste facility under
subsection (j) of this section as if the facility that utilizes hazardous waste
as a fuel were a part of the commercial hazardous waste facility.

(l) As used in this section, the words
"affiliate", "parent", and "subsidiary" have the
same meaning as in 17 Code of Federal Regulations § 240.12b-2 (1 April 1990
Edition).

(a) For purposes of this section, the term
"container" means any portable device into which waste is placed for
storage, transportation, treatment, disposal, or other handling, and includes
the first enclosure which encompasses the waste.

(b) All hazardous waste shall be placed in containers
for disposal, except as the Commission shall provide for by rule. The
Commission shall adopt standards for the design and construction of containers
for disposal. Standards for containers may vary for different types of waste.
The standards for disposal containers may supplement or duplicate any of the
performance or engineering standards for hazardous waste disposal facilities
required under State or federal law; however, the performance or engineering
standards for hazardous waste disposal facilities are separate and cumulative,
and the performance or engineering standards for hazardous waste disposal
facilities and containers may not substitute for or replace one another. (1991, c. 450, s. 1; c. 761, s. 22.)

(a) In addition to any other financial responsibility
requirements for solid waste management facilities under this Part, the
applicant for a permit or a permit holder for a hazardous waste facility shall
establish financial assurance that will ensure that sufficient funds are
available for facility closure, post-closure maintenance and monitoring, any
corrective action that the Department may require, and to satisfy any potential
liability for sudden and nonsudden accidental occurrences, and subsequent costs
incurred by the Department in response to an incident at a facility, even if
the applicant or permit holder becomes insolvent or ceases to reside, be
incorporated, do business, or maintain assets in the State.

(b) To establish sufficient availability of funds
under this section, the applicant for a permit or a permit holder for a
hazardous waste facility may use insurance, financial tests, third-party
guarantees by persons who can pass the financial test, guarantees by corporate
parents who can pass the financial test, irrevocable letters of credit, trusts,
surety bonds, or any other financial device, or any combination of the
foregoing, shown to provide protection equivalent to the financial protection
that would be provided by insurance if insurance were the only mechanism used.

(c) The applicant for a permit or a permit holder for
a hazardous waste facility, and any parent, subsidiary, or other affiliate of
the applicant, permit holder, or parent, including any joint venturer with a
direct or indirect interest in the applicant, permit holder, or parent, shall
be a guarantor of payment for closure, post-closure maintenance and monitoring,
any corrective action that the Department may require, and to satisfy any
potential liability for sudden and nonsudden accidental occurrences arising from
the operation of the hazardous waste facility.

(f) Assets used to meet the financial assurance
requirements of this section shall be in a form that will allow the Department to
readily access funds for the purposes set out in this section. Assets used to
meet financial assurance requirements of this section shall not be accessible
to the permit holder except as approved by the Department. Compliance with the
financial assurance requirements set forth in Subpart H of Part 264 of 40 Code
of Federal Regulations (July 1, 2010 edition) shall be sufficient to meet the
requirements of this subsection.

(g) The Department may provide a copy of any filing
that an applicant for a permit or a permit holder for a hazardous waste
facility submits to the Department to meet the financial responsibility
requirements under this section to the State Treasurer. The State Treasurer
shall review the filing and provide the Department with a written opinion as to
the adequacy of the filing to meet the purposes of this section, including any
recommended changes.

(h) In order to continue to hold a permit for a
hazardous waste facility, a permit holder must maintain financial
responsibility as required by this Part and must provide any information
requested by the Department to establish that the permit holder continues to
maintain financial responsibility.

(i) An applicant for a permit or a permit holder for
a hazardous waste facility shall satisfy the Department that the applicant or
permit holder has met the financial responsibility requirements of this Part
before the Department is required to otherwise review the application.

(a) The owner or operator of a hazardous waste
transfer facility in North Carolina shall register the facility with the
Department and shall obtain a hazardous waste transfer facility identification
number for the facility. In order to obtain a hazardous waste transfer facility
identification number for the facility, the owner or operator of the facility
shall provide all of the following information to the Department at the time of
registration:

(1) The location of the hazardous waste transfer
facility.

(2) The name of the owner of the property on which the
hazardous waste transfer facility is located.

(b) Except during transportation emergencies as
determined by the Department, the temporary storage, consolidation, or
commingling of hazardous waste may occur only at a hazardous waste transfer
facility that has been issued a facility identification number by the
Department.

(c) A hazardous waste transporter and the owner or
operator of a hazardous waste transfer facility shall conduct all operations at
any hazardous waste transfer facility in compliance with the requirements of 40
Code of Federal Regulations Part 263 (1 July 2006), 49 U.S.C. § 5101, et seq.,
and any laws, regulations, or rules enacted or adopted pursuant to these
federal laws. Except as preempted under 49 U.S.C. § 5125, a hazardous waste
transporter and the owner or operator of a hazardous waste transfer facility
shall also conduct all operations at any hazardous waste transfer facility in
compliance with all applicable State laws or rules.

(d) A hazardous waste transporter shall notify the
Department, on a form prescribed by the Department, of every hazardous waste
transfer facility in North Carolina that the transporter uses. A hazardous
waste transporter shall retain all records that are required to be maintained
for at least three years.

(e) The owner or operator of a hazardous waste
transfer facility shall notify the Department, on a form prescribed by the
Department, of every hazardous waste transporter that makes use of the
facility. The owner or operator of a hazardous waste transfer facility shall
retain all records that are required to be maintained for at least three years.
(2007-107, s. 1.8(c).)

(1) "Financial assurance" refers to the
ability of an applicant or permit holder to pay the costs of assessment and
remediation in the event of a release of pollutants from a facility, closure of
the facility in accordance with all applicable requirements, and post-closure
monitoring and maintenance of the facility.

(2) "Financial qualification" refers to the
ability of an applicant or permit holder to pay the costs of proper design,
construction, operation, and maintenance of the facility.

(b) The Commission may adopt rules governing financial
responsibility requirements for applicants for permits and for permit holders
to ensure the availability of sufficient funds for the proper design,
construction, operation, maintenance, closure, and post-closure monitoring and
maintenance of solid waste management facilities and for any corrective action
the Department may require during the active life of a facility or during the
closure and post-closure periods.

(c) The Department may provide a copy of any filing
that an applicant for a permit or a permit holder submits to the Department to
meet the financial responsibility requirements under this section to the State
Treasurer. The State Treasurer shall review the filing and provide the
Department with a written opinion as to the adequacy of the filing to meet the
purposes of this section, including any recommended changes.

(d) The Department may, in its sole discretion, require
an applicant for a permit to construct a facility to demonstrate its financial
qualification for the design, construction, operation, and maintenance of a
facility. The Department may require an applicant for a permit for a solid
waste management facility to provide cost estimates for site investigation;
land acquisition, including financing terms and land ownership; design;
construction of each five-year phase, if applicable; operation; maintenance;
closure; and post-closure monitoring and maintenance of the facility to the
Department. The Department may allow an applicant to demonstrate its financial
qualifications for only the first five-year phase of the facility. If the
Department allows an applicant for a permit to demonstrate its financial
qualification for only the first five-year phase of the facility, the
Department shall require the applicant or permit holder to demonstrate its
financial qualification for each successive five-year phase of the facility
when applying for a permit to construct each successive phase of the facility.

(e) If the Department requires an applicant for a
permit or a permit holder for a solid waste management facility to demonstrate
its financial qualification, the applicant or permit holder shall provide an
audited, certified financial statement. An applicant who is required to
demonstrate its financial qualification may do so through a combination of cash
deposits, insurance, and binding loan commitments from a financial institution
licensed to do business in the State and rated AAA by Standard & Poor's,
Moody's Investor Service, or Fitch, Inc. If assets of a parent, subsidiary, or
other affiliate of the applicant or a permit holder, or a joint venturer with a
direct or indirect interest in the applicant or permit holder, are proposed to
be used to demonstrate financial qualification, then the party whose assets are
to be used must be designated as a joint permittee with the applicant on the
permit for the facility.

(f) The applicant and permit holder for a solid waste
management facility shall establish financial assurance by a method or
combination of methods that will ensure that sufficient funds for closure, post-closure
maintenance and monitoring, and any corrective action that the Department may
require will be available during the active life of the facility, at closure,
and for any post-closure period of time that the Department may require even if
the applicant or permit holder becomes insolvent or ceases to reside, be
incorporated, do business, or maintain assets in the State. Rules adopted by
the Commission shall allow a business entity that is an applicant for a permit
or a permit holder to establish financial assurance through insurance,
irrevocable letters of credit, trusts, surety bonds, corporate financial tests,
or any other financial device as allowed pursuant to 40 Code of Federal
Regulations § 258.74 (July 1, 2010 Edition), or any combination of the
foregoing shown to provide protection equivalent to the financial protection
that would be provided by insurance if insurance were the only mechanism used.
Assets used to meet the financial assurance requirements of this section shall
be in a form that will allow the Department to readily access funds for the
purposes set out in this section. Assets used to meet financial assurance
requirements of this section shall not be accessible to the permit holder
except as approved by the Department. Where a corporate financial test is used
that is substantially similar to that allowed under 40 Code of Federal
Regulations § 258.74 (July 1, 2010 Edition), the assets shall be presumed both
to be readily accessible by the Department and not otherwise accessible to the
permit holder.

(g) In order to continue to hold a permit under this
Article, a permit holder must maintain financial responsibility and must
provide any information requested by the Department to establish that the permit
holder continues to maintain financial responsibility. A permit holder shall
notify the Department of any significant change in the: (i) identity of any
person or structure of the business entity that holds the permit for the
facility; (ii) identity of any person or structure of the business entity that
owns or operates the facility; or (iii) assets of the permit holder, owner, or
operator of the facility. The permit holder shall notify the Department within
30 days of a significant change. A change shall be considered significant if it
has the potential to affect the financial responsibility of the permit holder,
owner, or operator, or if it would result in a change in the identity of the
permit holder, owner, or operator for purposes of either financial
responsibility or environmental compliance review. Based on its review of the
changes, the Department may require the permit holder to reestablish financial
responsibility and may modify or revoke a permit, or require issuance of a new
permit.

(h) To meet the financial assurance requirements of
this section, the owner or operator of a sanitary landfill, other than a
sanitary landfill for the disposal of construction and demolition debris waste,
shall establish financial assurance sufficient to cover a minimum of two
million dollars ($2,000,000) in costs for potential assessment and corrective
action at the facility. The Department may require financial assurance in a
higher amount and may increase the amount of financial assurance required of a
permit holder at any time based upon the types of waste disposed in the
landfill, the projected amount of waste to be disposed in the landfill, the
location of the landfill, potential receptors of releases from the landfill,
and inflation. The financial assurance requirements of this subsection are in
addition to the other financial responsibility requirements set out in this
section.

(h1) To meet the financial assurance requirements of
this section, the owner or operator of a sanitary landfill for the disposal of construction
and demolition debris waste shall establish financial assurance sufficient to
cover a minimum of one million dollars ($1,000,000) in costs for potential
assessment and corrective action at the facility. The financial assurance
requirements of this subsection are in addition to the other financial
responsibility requirements set out in this section.

(i) The Commission may adopt rules under which a unit
of local government and a solid waste management authority created pursuant to
Article 22 of Chapter 153A of the General Statutes may meet the financial
responsibility requirements of this section by either a local government
financial test or a capital reserve fund requirement.

(j) In addition to the other methods by which
financial assurance may be established as set forth in subsection (f) of this
section, the Department may allow the owner or operator of a sanitary landfill
permitted on or before August 1, 2009, to meet the financial assurance
requirement set forth in subsection (h) of this section by establishing a trust
fund which conforms to the following minimum requirements:

(1) The trustee shall be an entity which has the
authority to act as a trustee and whose trust operations are regulated and
examined by a State or federal agency.

(2) A copy of the trust agreement shall be placed in
the facility's operating record.

(3) Payments into the trust fund shall be made annually
by the owner or operator over a period not to exceed five years. This period is
referred to as the pay-in period.

(4) Payments into the fund shall be made in equal
annual installments in amounts calculated by dividing the current cost estimate
for potential assessment and corrective action at the facility, which, for a
sanitary landfill, other than a sanitary landfill for the disposal of
construction and demolition debris waste, shall not be less than two million
dollars ($2,000,000) in accordance with subsection (h) of this section, by the
number of years in the pay-in period.

(5) The trust fund may be terminated by the owner or
operator only if the owner or operator establishes financial assurance by
another method or combination of methods allowed under subsection (f) of this
section.

(a) For purposes of this section,
"applicant" means an applicant for a permit and a permit holder and
includes the owner or operator of the facility, and, if the owner or operator
is a business entity, applicant also includes: (i) the parent, subsidiary, or
other affiliate of the applicant; (ii) a partner, officer, director, member, or
manager of the business entity, parent, subsidiary, or other affiliate of the
applicant; and (iii) any person with a direct or indirect interest in the
applicant, other than a minority shareholder of a publicly traded corporation
who has no involvement in management or control of the corporation or any of
its parents, subsidiaries, or affiliates.

(b) The Department shall conduct an environmental
compliance review of each applicant for a new permit and permit amendment under
this Article. The environmental compliance review shall evaluate the
environmental compliance history of the applicant for a period of five years
prior to the date of the application and may cover a longer period at the
discretion of the Department. The environmental compliance review of an
applicant may include consideration of the environmental compliance history of
the parents, subsidiaries, or other affiliates of an applicant or parent that
is a business entity, including any business entity or joint venturer with a
direct or indirect interest in the applicant, and other facilities owned or
operated by any of them. The Department shall determine the scope of the review
of the environmental compliance history of the applicant, parents,
subsidiaries, or other affiliates of the applicant or parent, including any
business entity or joint venturer with a direct or indirect interest in the
applicant, and of other facilities owned or operated by any of them. An applicant
for a permit shall provide environmental compliance history information for
each facility, business entity, joint venture, or other undertaking in which
any of the persons listed in this subsection is or has been an owner, operator,
officer, director, manager, member, or partner, or in which any of the persons
listed in this subsection has had a direct or indirect interest as requested by
the Department.

(c) The Department shall determine the extent to which
the applicant, or a parent, subsidiary, or other affiliate of the applicant or
parent, or a joint venturer with a direct or indirect interest in the
applicant, has substantially complied with the requirements applicable to any
activity in which any of these entities previously engaged, and has substantially
complied with federal and State laws, regulations, and rules for the protection
of the environment. The Department may deny an application for a permit if the
applicant has a history of significant or repeated violations of statutes,
rules, orders, or permit terms or conditions for the protection of the
environment or for the conservation of natural resources as evidenced by civil
penalty assessments, administrative or judicial compliance orders, or criminal
penalties.

(d) A permit holder shall notify the Department of any
significant change in its environmental compliance history or other information
required by G.S. 130-295.2(g). The Department may reevaluate the environmental
compliance history of a permit holder and may modify or revoke a permit or
require issuance of a new permit. (2007-550, s. 6(a);
2015-241, s. 14.20(d); 2015-286, s. 4.9(c).)

§ 130A-295.4. Combustion products landfills.

(a) The definitions set out in G.S. 130A-290(a) apply
to this section.

(b) The Department may permit a combustion products
landfill to be constructed partially or entirely within areas that have been
formerly used for the storage or disposal of combustion products at the same
facility as the coal-fired generating unit that generates the combustion
products, provided the landfill is constructed with a bottom liner system
consisting of three components in accordance with this section. Of the required
three components, the upper two components shall consist of two separate
flexible membrane liners, with a leak detection system between the two liners.
The third component shall consist of a minimum of two feet of soil underneath
the bottom of those liners, with the soil having a maximum permeability of 1 x
10-7 centimeters per second. The flexible membrane liners shall have
a minimum thickness of thirty one-thousandths of an inch (0.030"), except
that liners consisting of high-density polyethylene shall be at least sixty one-thousandths
of an inch (0.060") thick. The lower flexible membrane liner shall be
installed in direct and uniform contact with the compacted soil layer. The
Department may approve an alternative to the soil component of the composite
liner system if the Department finds, based on modeling, that the alternative
liner system will provide an equivalent or greater degree of impermeability.

(c) An applicant for a permit for a combustion
products landfill shall develop and provide to the Department a response plan,
which shall describe the circumstances under which corrective measures are to
be taken at the landfill in the event of the detection of leaks in the leak
detection system between the upper two liner components at amounts exceeding an
amount specified in the response plan (as expressed in average gallons per day
per acre of landfill, defined as an Action Leakage Rate). The response plan
shall also describe the remedial actions that the landfill is required to
undertake in response to detection of leakage in amounts in excess of the
Action Leakage Rate. The Department shall review the response plan as a part of
the permit application for the landfill. Compliance with performance of the
landfill to prevent releases of waste to the environment may be determined
based on leakage rate rather than monitoring well data. (2007-550, s. 7(b).)

(a) An applicant for a permit for a sanitary landfill
or for a transfer station shall conduct a traffic study of the impacts of the
proposed facility. The Department shall include as a condition of a permit for
a sanitary landfill or for a transfer station a requirement that the permit
holder mitigate adverse impacts identified by the traffic study. The study
shall include all of the following at a minimum:

(1) Identification of routes from the nearest limited
access highway used to access the proposed facility.

(2) Daily and hourly traffic volumes that will result
along each approach route between the nearest limited access highway and the
proposed facility.

(3) A map identifying land uses located along the
identified approach routes, including, but not limited to, residential,
commercial, industrial development, and agricultural operations. The map shall
identify residences, schools, hospitals, nursing homes, and other significant
buildings that front the approach routes.

(4) Identification of locations on approach routes
where road conditions are inadequate to handle the increased traffic associated
with the proposed facility and a description of the mitigation measures
proposed by the applicant to address the conditions.

(5) A description of the potential adverse impacts of
increased traffic associated with the proposed facility and the mitigation
measures proposed by the applicant to address these impacts.

(6) An analysis of the impact of any increase in
freight traffic on railroads and waterways.

(b) An applicant for a permit for a sanitary landfill
or for a transfer station may satisfy the requirements of subsection (a) of
this section by obtaining a certification from the Division Engineer of the
Department of Transportation that the proposed facility will not have a
substantial impact on highway traffic. (2007-550, s.
8(a).)

§ 130A-295.6. Additional requirements for sanitary
landfills.

(a) The applicant for a proposed sanitary landfill
shall contract with a qualified third party, approved by the Department, to
conduct a study of the environmental impacts of any proposed sanitary landfill,
in conjunction with its application for a new permit as defined in sub-subdivisions
a. through d. of subdivision (1a) of subsection (b) of G.S. 130A-295.8. The
study shall meet all of the requirements set forth in G.S. 113A-4 and rules
adopted pursuant to G.S. 113A-4. If an environmental impact statement is
required, the Department shall publish notice of the draft environmental impact
statement and shall hold a public hearing in the county where the landfill will
be located no sooner than 30 days following the public notice. The Department
shall consider the study of environmental impacts and any mitigation measures
proposed by the applicant in deciding whether to issue or deny a permit. An
applicant for a permit for a sanitary landfill shall pay all costs incurred by
the Department to comply with the public notice and public hearing requirements
of this subsection.

(b) The Department shall require a buffer between any
perennial stream or wetland and the nearest waste disposal unit of a sanitary
landfill of at least 200 feet. The Department may approve a buffer of less than
200 feet, but in no case less than 100 feet, if it finds all of the following:

(1) The proposed sanitary landfill or expansion of the
sanitary landfill will serve a critical need in the community.

(2) There is no feasible alternative location that
would allow siting or expansion of the sanitary landfill with 200-foot buffers.

(c) A waste disposal unit of a sanitary landfill shall
not be constructed within:

(1) A 100-year floodplain or land removed from a 100-year
floodplain designation pursuant to 44 Code of Federal Regulations Part 72 (1
October 2006 Edition) as a result of man-made alterations within the floodplain
such as the placement of fill, except as authorized by variance granted under
G.S. 143-215.54A(b). This subdivision does not apply to land removed from a 100-year
floodplain designation (i) as a result of floodplain map corrections or updates
not resulting from man-made alterations of the affected areas within the
floodplain, or (ii) pursuant to 44 Code of Federal Regulations Part 70 (1
October 2006 Edition) by a letter of map amendment.

(2) A wetland, unless the applicant or permit holder
can show all of the following, as to the waste disposal unit:

a. Where applicable under section 404 of the federal
Clean Water Act or applicable State wetlands laws, the presumption that a
practicable alternative to the proposed waste disposal unit is available which
does not involve wetlands is clearly rebutted;

b. Construction of the waste disposal unit will not do
any of the following:

1. Cause or contribute to violations of any applicable
State water quality standard.

2. Violate any applicable toxic effluent standard or
prohibition under section 307 of the federal Clean Water Act.

3. Jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification of a
critical habitat, protected under the federal Endangered Species Act of 1973.

4. Violate any requirement under the federal Marine
Protection, Research, and Sanctuaries Act of 1972.

c. Construction of the waste disposal unit will not
cause or contribute to significant degradation of wetlands.

d. To the extent required under section 404 of the
federal Clean Water Act or applicable State wetlands laws, any unavoidable
wetlands impacts will be mitigated.

(d) The Department shall not issue a permit to
construct any disposal unit of a sanitary landfill if, at the earlier of (i)
the acquisition by the applicant or permit holder of the land or of an option
to purchase the land on which the waste disposal unit will be located, (ii) the
application by the applicant or permit holder for a franchise agreement, or
(iii) at the time of the application for a permit, any portion of the proposed
waste disposal unit would be located within:

(1) Five miles of the outermost boundary of a National
Wildlife Refuge.

(2) One mile of the outermost boundary of a State
gameland owned, leased, or managed by the Wildlife Resources Commission
pursuant to G.S. 113-306, prior to July 1, 2013, except as provided in subdivision
(2a) of this subsection.

(2a) Five hundred feet of the outermost boundary of a
State gameland owned, leased, or managed by the Wildlife Resources Commission
pursuant to G.S. 113-306, prior to July 1, 2013, when all of the following
conditions apply:

a. The waste disposal unit will only be permitted to
accept construction and demolition debris waste.

b. The disposal unit is located within the primary
corporate limits of a municipality located in a county with a population of
less than 15,000.

c. All portions of the gameland within one mile of the
disposal unit are separated from the disposal unit by a primary highway
designated by the Federal Highway Administration as a U.S. Highway.

(3) Two miles of the outermost boundary of a component
of the State Parks System.

(e) A sanitary landfill for the disposal of
construction and demolition debris waste shall be constructed with a liner
system that consists of a flexible membrane liner over two feet of soil with a
maximum permeability of 1 x 10 - 5 centimeters per second. The flexible
membrane liner shall have a minimum thickness of thirty one-thousandths of an
inch (0.030"), except that a liner that consists of high-density
polyethylene shall be at least sixty one-thousandths of an inch (0.060")
thick. The flexible membrane liner shall be installed in direct and uniform
contact with the soil layer. The Department may approve an alternative to the
soil component of the liner system if the Department finds, based on modeling,
that the alternative liner system will provide an equivalent or greater degree
of impermeability.

(f) A sanitary landfill, other than a sanitary
landfill for the disposal of construction and demolition debris waste, shall be
constructed so that the post-settlement bottom elevation of the liner system,
or the post-settlement bottom elevation of the waste if no liner system is
required, is a minimum of four feet above both the seasonal high groundwater
table and the bedrock datum plane contours. A sanitary landfill for the
disposal of construction and demolition debris waste shall be constructed so
that the post-settlement bottom elevation of the flexible membrane liner
component of the liner system is a minimum of four feet above both the seasonal
high groundwater table and the bedrock datum plane contours.

(g) A permit holder for a sanitary landfill shall
develop and implement a waste screening plan. The plan shall identify measures
adequate to ensure compliance with State laws and rules and any applicable
local ordinances that prohibit the disposal of certain items in landfills. The
plan shall address all sources of waste generation. The plan is subject to
approval by the Department.

(h) The following requirements apply to any sanitary
landfill for which a liner is required:

(1) A geomembrane base liner system shall be tested for
leaks and damage by methods approved by the Department that ensure that the
entire liner is evaluated.

(2) A leachate collection system shall be designed to
return the head of the liner to 30 centimeters or less within 72 hours. The
design shall be based on the precipitation that would fall on an empty cell of
the sanitary landfill as a result of a 25-year-24-hour storm event. The
leachate collection system shall maintain a head of less than 30 centimeters at
all times during leachate recirculation. The Department may require the
operator to monitor the head of the liner to demonstrate that the head is being
maintained in accordance with this subdivision and any applicable rules.

(3) All leachate collection lines shall be designed and
constructed to permanently allow cleaning and remote camera inspection. Remote
camera inspections of the leachate collection lines shall occur upon completion
of the construction and at least once every five years. Cleaning of leachate
collection lines found necessary for proper functioning and to address buildup
of leachate over the liner shall occur.

(4) Any pipes used to transmit leachate shall provide
dual containment outside of the disposal unit. The bottom liner of a sanitary
landfill shall be constructed without pipe penetrations.

(h1) With respect to requirements for daily cover at
sanitary landfills, o nce the Department has approved use of an alternative
method of daily cover for use at any sanitary landfill, that alternative method
of daily cover shall be approved for use at all sanitary landfills located
within the State.

(h2) Studies and research and development pertaining to
alternative disposal techniques and waste-to-energy matters shall be conducted
by certain sanitary landfills as follows:

(1) The owner or operator of any sanitary landfill
permitted to receive more than 240,000 tons of waste per year shall research
the development of alternative disposal technologies. In addition, the owner or
operator shall allow access to nonproprietary information and provide site
resources for individual research and development projects related to
alternative disposal techniques for the purpose of studies that may be
conducted by local community or State colleges and universities or other third-party
developers or consultants. The owner or operator shall report on research and
development activities conducted pursuant to this subdivision, and any results
of these activities, to the Department annually on or before July 1.

(2) The owner or operator of any sanitary landfill
permitted to receive more than 240,000 tons of waste per year shall perform a
feasibility study of landfill gas-to-energy, or other waste-to-energy
technology, to determine opportunities for production of renewable energy from
landfills in order to promote economic development and job creation in the
State. The owner or operator shall initiate the study when sufficient waste is
in place at the landfill to produce gas, as determined by the United States
Environmental Protection Agency's Landfill Gas Emissions Model (LandGEM), and
may consult and coordinate with other entities to facilitate conduct of the
study, including local and State government agencies, economic development
organizations, consultants, and third-party developers. The study shall
specifically examine opportunities for returning a portion of the benefits
derived from energy produced from the landfill to the jurisdiction within which
the landfill is located in the form of direct supply of energy to the local
government and its citizens, or through revenue sharing with the local
government from sale of the energy, with revenues owing to the local government
credited to a fund specifically designated for economic development within the
jurisdiction. The owner or operator shall report on its activities associated
with the study, and any results of the study, to the Department annually on or
before July 1.

(i) The Department shall not issue a permit for a
sanitary landfill that authorizes:

(1) A capacity of more than 55 million cubic yards of
waste.

(2) A disposal area of more than 350 acres.

(3) A maximum height, including the cap and cover
vegetation, of more than 250 feet above the mean natural elevation of the disposal
area.

(j) This section does not apply to landfills for the
disposal of land clearing and inert debris or to Type I or Type II compost
facilities. (2007-543, s. 1(a)-(c); 2007-550, s.
9(a), (c); 2013-25, s. 1; 2013-410, s. 47.6; 2013-413, s. 59.1.)

(a) The Solid Waste Management Account is established
as a nonreverting account within the Department. All fees collected under this
section shall be credited to the Account and shall be used to support the solid
waste management program established pursuant to G.S. 130A-294.

(b) As used in this section:

(1) "Major permit modification" means an
application for any change to the approved engineering plans for a sanitary
landfill or transfer station permitted for a 10-year design capacity or for
life-of-site under G.S. 130A-294(a2) that does not constitute a "permit
amendment," "new permit," or "permit modification.

(1a) "New permit" means any of the following:

a. An application for a permit for a solid waste
management facility that has not been previously permitted by the Department.
The term includes one site suitability review, the initial permit to construct,
and one permit to operate.

b. An application that proposes to expand the boundary
of a permitted waste management facility for the purpose of expanding the
permitted activity.

c. An application that includes a proposed expansion
to the boundary of a waste disposal unit within a permitted solid waste
management facility.

d. An application for a substantial amendment to a
solid waste permit, as defined in G.S. 130A-294.

e. An application for a permit to be issued pursuant
to G.S. 130A-294(a2), which is issued for a duration of less than a facility's
life-of-site based upon permits previously issued to a facility.

(1b) "Ownership modification" means any
application that proposes a change in ownership or corporate structure of a
permitted sanitary landfill or transfer station.

b. An application for the five-year renewal of a
permit for a permitted solid waste management facility or for a permit review
of a permitted solid waste management facility. This sub-subdivision shall not
apply to sanitary landfills or transfer stations.

c. Any application that proposes a change in ownership
or corporate structure of a permitted solid waste management facility. This sub-subdivision
shall not apply to sanitary landfills or transfer stations.

(3) "Permit modification" means any of the
following:

a. An application for any change to the plans approved
in a permit for a solid waste management facility that does not constitute a
"permit amendment" or a "new permit". This sub-subdivision
shall not apply to sanitary landfills or transfer stations.

c. An application for a five-year limited review of a
10-year permit, including review of the operations plan, closure plan, post-closure
plan, financial assurance cost estimates, environmental monitoring plans, and
any other applicable plans for the facility.

(11) Transfer Station accepting less than 25,000
tons/year of solid waste - $1,500.

(12) Transfer Station accepting 25,000 tons/year or more
of solid waste - $1,875.

(13) Treatment and Processing Facility - $500.

(14) Tire Monofill - $1,000.

(15) Incinerator - $500.

(16) Large Compost Facility - $500.

(17) Land Clearing and Inert Debris Landfill - $500.

(d2) Upon submission of an application for a new permit,
an applicant shall pay an application fee in the amount of ten percent (10%) of
the annual permit fee imposed for that type of solid waste management facility
as identified in subdivisions (1) through (17) of subsection (d1) of this
section.

(e) The Department shall determine whether an
application for a permit for a solid waste management facility that is subject
to a fee under this section is complete within 90 days after the Department
receives the application for the permit. A determination of completeness means
that the application includes all required components but does not mean that
the required components provide all of the information that is required for the
Department to make a decision on the application. If the Department determines
that an application is not complete, the Department shall notify the applicant
of the components needed to complete the application. An applicant may submit
additional information to the Department to cure the deficiencies in the
application. The Department shall make a final determination as to whether the
application is complete within the later of: (i) 90 days after the Department
receives the application for the permit less the number of days that the
applicant uses to provide the additional information; or (ii) 30 days after the
Department receives the additional information from the applicant. The
Department shall issue a draft permit decision on an application for a permit
within one year after the Department determines that the application is
complete. The Department shall hold a public hearing and accept written comment
on the draft permit decision for a period of not less than 30 or more than 60
days after the Department issues a draft permit decision. The Department shall
issue a final permit decision on an application for a permit within 90 days
after the comment period on the draft permit decision closes. The Department and
the applicant may mutually agree to extend any time period under this
subsection. If the Department fails to act within any time period set out in
this subsection, the applicant may treat the failure to act as a denial of the
permit and may challenge the denial as provided in Chapter 150B of the General
Statutes. (2007-550, s. 13(a); 2013-408, s. 2; 2015-241,
s. 14.20(c); 2015-286, s. 4.9(d).)

§ 130A-295.9. Solid waste disposal tax; use of proceeds.

It is the intent that the proceeds of the solid waste
disposal tax imposed by Article 5G of Chapter 105 of the General Statutes
credited to the Inactive Hazardous Sites Cleanup Fund pursuant to G.S. 105-187.63(1)
shall be used by the Department of Environmental Quality to fund the assessment
and remediation of pre-1983 landfills, except up to nineteen percent (19%) of
the funds credited under this subdivision may be used to fund administrative
expenses related to hazardous and solid waste management. (2007-550, s. 14(b); 2009-451, s. 13.3E; 2010-31, s.
13.9(a); 2014-100, s. 14.24(a); 2015-241, s. 14.30(u).)

§ 130A-296: Repealed by Session Laws 1993, c. 501, s. 15.

§ 130A-297. Receipt and distribution of funds.

The Department may accept loans and grants from the federal
government and other sources for carrying out the purposes of this Article, and
shall adopt reasonable policies governing the administration and distribution
of funds to units of local government, other State agencies, and private
agencies, institutions or individuals for studies, investigations,
demonstrations, surveys, planning, training, and construction or establishment
of solid waste management facilities. (1969, c. 899;
1973, c. 476, s. 128; 1977, 2nd Sess., c. 1216; 1983, c. 1891, s. 2.)

§ 130A-298. Hazardous waste fund.

A nonreverting hazardous waste fund is established within the
Department which shall be available to defray the cost to the State for
monitoring and care of hazardous waste disposal facilities after the
termination of the period during which the facility operator is required by
applicable State and federal statutes, rules or regulations to remain
responsible for post-closure monitoring and care. The establishment of this
fund shall in no way be construed to relieve or reduce the liability of
facility operators or any persons for damages caused by the facility. The fund
shall be maintained by fees collected pursuant to the provisions of G.S. 130A-294(a)(6).
(1981, c. 704, s. 7; 1983, c. 891, s. 2; 1989, c. 168,
s. 25.)

This Article shall not be construed as amending, repealing or
in any manner abridging or interfering with those sections of the General Statutes
of North Carolina relative to the control of water pollution as now
administered by the Commission nor shall the provisions of this Article be
construed as being applicable to or in any way affecting the authority of the
Commission to control the discharges of wastes to the waters of the State as
provided in Articles 21 and 21A, Chapter 143 of the General Statutes. (1977, 2nd Sess., c. 1216; 1983, c. 891, s. 2; 2014-122, s.
11(d).)

§ 130A-301. Recordation of permits for disposal of waste on
land and Notice of Open Dump.

(a) Whenever the Department approves a permit for a
sanitary landfill or a facility for the disposal of hazardous waste on land,
the owner of the facility shall be granted both an original permit and a copy
certified by the Secretary. The permit shall include a legal description of the
site that would be sufficient as a description in an instrument of conveyance.

(b) The owner of a facility granted a permit for a
sanitary landfill or a facility for the disposal of hazardous waste on land
shall file the certified copy of the permit in the office of the register of
deeds in the county or counties in which the land is located.

(d) The permit shall not be effective unless the
certified copy is filed as required under subsection (b) of this section.

(e) When a sanitary landfill or a facility for the
disposal of hazardous waste on land is sold, leased, conveyed or transferred,
the deed or other instrument of transfer shall contain in the description
section in no smaller type than that used in the body of the deed or instrument
a statement that the property has been used as a sanitary landfill or a
disposal site for hazardous waste and a reference by book and page to the
recordation of the permit.

(f) When the Department determines that an open dump
exists, the Department shall notify the owner or operator of the open dump of
applicable requirements to take remedial action at the site of the open dump to
protect public health and the environment. If the owner or operator fails to
take remedial action, the Department may record a Notice of Open Dump in the
office of the register of deeds in the county or counties where the open dump
is located. Not less than 30 days before recording the Notice of Open Dump, the
Department shall notify the owner or operator of its intention to file a Notice
of Open Dump. The Department may notify the owner or operator of its intention
to file a Notice of Open Dump at the time it notifies the owner or operator of
applicable requirements to take remedial action. An owner or operator may
challenge a decision of the Department to file a Notice of Open Dump by filing
a contested case under Article 3 of Chapter 150B of the General Statutes. If an
owner or operator challenges a decision of the Department to file a Notice of
Open Dump, the Department shall not file the Notice of Open Dump until the
contested case is resolved, but may file a notice of pending litigation under
Article 11 of Chapter 1 of the General Statutes. This power is additional and
supplemental to any other power granted to the Department. This subsection does
not repeal or supersede any statute or rule requiring or authorizing record
notice by the owner.

(1) The Department shall file the Notice of Open Dump
in the office of the register of deeds in substantially the following form:

"NOTICE OF OPEN DUMP

The Division of Waste Management of
the North Carolina Department of Environmental Quality has determined that an
open dump exists on the property described below. The Department provides the
following information regarding this open dump as a public service. This Notice
is filed pursuant to G.S. 130A-301(f).

Name(s) of the record owner(s):
_______________________________

Description of the real property:
_______________________________

Description of the particular area
where the open dump is located: ____

Any person who has questions
regarding this Notice should contact the Division of Waste Management of the
North Carolina Department of Environmental Quality. The contact person for this
Notice is: ______________ who may be reached by telephone at ______________ or
by mail at ______________. Requests for inspection and copying of public
records regarding this open dump may be directed to ______________ who may be
reached by telephone at ______________ or by mail at ______________.

__________________________________________________________

Secretary of Environmental Quality by
_________________

Date: _________."

(2) The description of the particular area where the
open dump is located shall be based on the best information available to the
Department but need not be a survey plat that meets the requirements of G.S. 47-30
unless a survey plat that meets those requirements and that is approved by the
Department is furnished by the owner or operator.

(4) When the owner removes all solid waste from the
open dump site to the satisfaction of the Department, the Department shall file
a Cancellation of the Notice of Open Dump. The Cancellation shall be in a form
similar to the original Notice of Open Dump and shall state that all the solid
waste that constituted the open dump has been removed to the satisfaction of
the Department. (1973, c. 444; c. 476, s. 128; 1977,
2nd Sess., c. 1216; 1981, c. 480, s. 3; 1983, c. 891, s. 2; 1997-330, s. 2;
1997-443, s. 11A.119(b); 2012-18, s. 1.17; 2015-241, s. 14.30(u), (v).)

§ 130A-301.1. Land clearing and inert debris landfills with
a disposal area of 1/2 acre or less; recordation.

(a) No landfill for the on-site disposal of land
clearing and inert debris shall, at the time the landfill is sited, be sited 50
feet or less from a boundary of an adjacent property.

(b) The owner of a landfill for the on-site disposal
of land clearing and inert debris shall file a certified copy of a survey of
the property on which the landfill is located in the register of deeds' office
in the county in which the property is located, which survey shall accurately
show the location of the landfill and the record owner of the land on which the
landfill is situated.

(c) Prior to the lease or conveyance of any lot or
tract of land which directly abuts or is contiguous to the disposal area used
for land clearing and inert debris, the owner of the lot or tract shall prepare
a document disclosing that a portion of the property has been used as a
disposal area for land clearing and inert debris or has been used to meet
applicable minimum buffer requirements. The disclosure shall include a legal
description of the property that would be sufficient in an instrument of
conveyance and shall be filed in the register of deeds office prior to any
lease or conveyance.

(d) No public, commercial, or residential building
shall be located or constructed on the property, or any portion of the property
on which the landfill for the on-site disposal of land clearing and inert
debris is located, 50 feet or less from the landfill. Construction of such buildings,
with the exception of site preparation and foundation work, shall not commence
until after closure of the on-site land clearing and inert debris landfill.

(e) Source reduction methods including, but not
limited to, chipping and mulching of land clearing and inert debris shall be
utilized to the maximum degree technically and economically feasible.

(f) The Department of Transportation is exempt from
subsections (b) and (c) of this section for the on-site disposal of land
clearing and inert debris on highway rights-of-way. (1993
(Reg. Sess., 1994), c. 580, s. 2.)

(a) A person may dispose of demolition debris from the
decommissioning of manufacturing buildings, including electric generating
stations, on the same site as the decommissioned buildings if the demolition
debris meets all of the following requirements:

(1) It is composed only of inert debris such as brick
or other masonry materials, dirt, sand, gravel, rock, and concrete if the
material, when characterized using the toxicity characteristic leaching
procedure developed by the United States Environmental Protection Agency, is
not a hazardous waste. The debris may contain small amounts of wood, paint,
sealants, and metal associated with the inert debris.

(2) It does not extend beyond the footprint of the
decommissioned buildings and shall be at least 50 feet from the property
boundary or enclosed by the walls of the building that are left in place below
grade. Walls left in place below grade are not subject to the requirements of
subdivision (4) of this subsection.

(3) It is placed at least 500 feet from the nearest
drinking water well.

(4) It is placed to assure at least two feet of clean
soil between any coated inert debris and the seasonal high groundwater table.
Uncoated inert debris may be used as fill anywhere within the footprint of the
decommissioned building or as beneficial fill on the site.

(5) It complies with all other applicable federal,
State, and local laws, regulations, rules, and ordinances.

(b) After the decommissioning is completed or
terminated, the owner or operator shall compact the demolition debris and cover
it with at least two feet of compacted earth finer than a sandy texture soil.
The cover of the demolition debris shall be graded so as to minimize water
infiltration, promote proper drainage, and control erosion. Erosion of the
cover shall be controlled by establishing suitable vegetative cover. All site
stabilization should be completed within 90 days of the completed demolition.

(c) Within 30 days of completing the final site
stabilization or at least 30 days before the land, or any interest in the land,
on which the demolition debris is located is transferred, whichever is earlier,
the owner or owners of record of the land on which the demolition debris is
located shall file each of the following with the register of deeds of the
county in which the demolition debris is located:

(1) A survey plat of the property that meets the
requirements of G.S. 47-30. The plat shall accurately show the location of the
demolition debris in a manner that will allow the demolition debris disposal
site to be accurately delineated and shall reference this section.

(2) A notice that disposal of demolition debris has
been located on the land. The notice shall include a description of the land
that would be sufficient as a description in an instrument of conveyance. The
notice shall list the owners of record of the land at the time the notice is
filed and shall reference the book and page number where the deed or other
instrument by which the owners of record acquired title is located. The notice
shall reference the book and page number where the survey plat required by
subdivision (1) of this subsection is recorded. The notice shall reference this
section, shall describe with particularity the type and size of the building or
other structure that was demolished, and shall state the dates on which the
demolition began and ended. The notice shall be executed by the owner or owners
of record as provided in Chapter 47 of the General Statutes. The register of
deeds shall record the notice and index it in the grantor index under the names
of all owners of record of the land.

(d) A certified copy of both the plat and notice
required by subsection (c) of this section shall also be filed with the
Department. The plat and the notice shall indicate on the face of the document
the book and page number where recorded.

(e) When the land, or any portion of the land, on
which the demolition debris is located is sold, leased, conveyed, or
transferred, the deed or other instrument of transfer shall contain a statement
that the property has been used for the disposal of demolition debris. The
statement shall include a reference to this section and to the book and page
number where the notice required by subdivision (2) of subsection (c) of this
section is recorded. (2013-55, s. 2.)

§ 130A-302. Sludge deposits at sanitary landfills.

Sludges generated by the treatment of wastewater discharges
which are point sources subject to permits granted under Section 402 of the
Federal Water Pollution Control Act, as amended (P.L. 92-500), or permits
generated under G.S. 143-215.1 by the Commission shall not be deposited in or
on a sanitary landfill permitted under this Article unless in a compliance with
the rules concerning solid waste adopted under this Article. (1977, 2nd Sess., c. 1216; 1983, c. 891, s. 2; 2014-122, s.
11(e).)

§ 130A-303. Imminent hazard.

(a) The judgment of the Secretary that an imminent
hazard exists concerning solid waste shall be supported by findings of fact
made by the Secretary.

(b) In order to eliminate an imminent hazard, the
Secretary may, without notice or hearing, issue an order requiring that
immediate action be taken to protect the public health or the environment. This
order may be directed to a generator or transporter of solid waste or to the
owner or operator of a solid waste management facility. Where the imminent
hazard is caused by an inactive hazardous substance or waste disposal site, the
Secretary shall follow the procedures set forth in G.S. 130A-310.5. (1977, 2nd Sess., c. 1216; 1981, c. 704, s. 7; 1983, c.
891, s. 2; 1987, c. 574, s. 3; 2009-570, s. 27.)

§ 130A-304. Confidential information protected.

(a) The following information received or prepared by
the Department in the course of carrying out its duties and responsibilities
under this Article is confidential information and shall not be subject to
disclosure under G.S. 132-6:

(1) Information which the Secretary determines is
entitled to confidential treatment pursuant to G.S. 132-1.2. If the Secretary
determines that information received by the Department is not entitled to
confidential treatment, the Secretary shall inform the person who provided the
information of that determination at the time such determination is made. The
Secretary may refuse to accept or may return any information that is claimed to
be confidential that the Secretary determines is not entitled to confidential
treatment.

(2) Information that is confidential under any
provision of federal or state law.

(3) Information compiled in anticipation of enforcement
or criminal proceedings, but only to the extent disclosure could reasonably be
expected to interfere with the institution of such proceedings.

(b) Confidential information may be disclosed to
officers, employees, or authorized representatives of federal or state agencies
if such disclosure is necessary to carry out a proper function of the
Department or the requesting agency or when relevant in any proceeding under
this Article.

This Article shall be interpreted as enabling the State to
obtain federal financial assistance in carrying out its solid waste management
program and to obtain the authority needed to assume primary enforcement
responsibility for that portion of the solid waste management program
concerning the management of hazardous waste. (1983,
c. 891, s. 2.)

§ 130A-306. Emergency Response Fund.

There is established under the control and direction of the
Department, an Emergency Response Fund which shall be a nonreverting fund
consisting of any money appropriated for such purpose by the General Assembly
or available to it from grants, fees, charges, and other money paid to or
recovered by or on behalf of the Department pursuant to this Article, except
fees and penalties specifically designated by this Article for some other use
or purpose. The Emergency Response Fund shall be treated as a special trust
fund and shall be credited with interest by the State Treasurer pursuant to
G.S. 147-69.2 and G.S. 147-69.3. The Fund shall be used to defray expenses
incurred by the Department in developing and implementing an emergency
hazardous waste remedial plan and to reimburse any federal, State or local
agency and any agent or contractor for expenses incurred in developing and
implementing such a plan that has been approved by the Department. These funds
shall be used upon a determination that sufficient funds or corrective action
cannot be obtained from other sources without incurring a delay that would
significantly increase the threat to life or risk of damage to the environment.
This Fund may not exceed five hundred thousand dollars ($500,000); money in
excess of five hundred thousand dollars ($500,000) shall be deposited in the
Inactive Hazardous Sites Cleanup Fund. The Secretary is authorized to take the
necessary action to recover all costs incurred by the State for site
investigation and the development and implementation of an emergency hazardous
waste remedial plan, including attorney's fees and other expenses of bringing
the cost recovery action from the responsible party or parties. The provisions
of G.S. 130A-310.7 shall apply to actions to recover costs under this section
except that: (i) reimbursement shall be to the Emergency Response Fund and (ii)
the State need not show that it has complied with the provisions of Part 3 of
this Article. (1983 (Reg. Sess., 1984), c. 1034, s.
74; 1989, c. 286, s. 1; 1998-215, s. 54(b).)

(a) Standards adopted under G.S. 130A-294(c) and a
permit issued under G.S. 130A-294(c) shall require corrective action for all
releases of hazardous waste or constituents from any solid waste management
unit at a treatment, storage, or disposal facility seeking a permit under G.S.
130A-294(c), regardless of the time at which waste was placed in such unit.
Permits issued under G.S. 130A-294(c) which implement Section 3005 of RCRA (42
U.S.C. § 6925) shall contain schedules of compliance for corrective action if
corrective action cannot be completed prior to issuance of the permit and
establishment of financial assurance for completing corrective action.
Notwithstanding any other provision of this section, this section shall apply
only to units, facilities, and permits that are covered by Section 3004(u) of
RCRA (42 U.S.C. § 6924(u)). Notwithstanding the foregoing, corrective action
authorized elsewhere in this Chapter shall not be limited by this section.

(b) The definitions set out in G.S. 130A-310.31(b)
apply to this subsection. Any person may submit a written request to the
Department for a determination that a corrective action for a release of a
hazardous waste or constituents from a solid waste management unit that is a
treatment, storage, or disposal facility permitted under G.S 130A-294(c) has
been completed to unrestricted use standards. A request for a determination
that a corrective action at a facility has been completed to unrestricted use
standards shall be accompanied by the fee required by G.S. 130A-310.39(a)(2).
If the Department determines that the corrective action at a facility has been
completed to unrestricted use standards, the Department shall issue a written
notification that no further corrective action will be required at the
facility. The notification shall state that no further corrective action will
be required at the facility unless the Department later determines, based on
new information or information not previously provided to the Department, that
the corrective action at the facility has not been completed to unrestricted
use standards or that the Department was provided with false or incomplete
information. Under any of those circumstances, the Department may withdraw the
notification and require responsible parties to take corrective action at a
facility to bring the facility into compliance with unrestricted use standards.
(1985, c. 738, s. 4; 1989, c. 168, s. 27; 1997-357, s.
4; 2001-384, s. 11; 2007-107, s. 1.1(f).)

§ 130A-309. Corrective actions beyond facility boundary.

Standards adopted under G.S. 130A-294(c) shall require that
corrective action be taken beyond the facility boundary where necessary to
protect human health and the environment unless the owner or operator of the facility
concerned demonstrates to the satisfaction of the Department that, despite the
owner or operator's best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such action. Such standards shall take
effect upon adoption and shall apply to:

(1) All facilities operating under permits issued under
G.S. 130A-294(c); and

(2) All disposal facilities, surface impoundments, and
waste pile units (including any new units, replacements of existing units or
lateral expansions of existing units) which receive hazardous waste after July
26, 1982.

Pending adoption of such rules, the Department shall issue
corrective action orders for facilities referred to in (1) and (2), on a case-by-case
basis, consistent with the purposes of this section. Notwithstanding any other
provision of this section, this section shall apply only to units, facilities,
and permits that are covered by Section 3004(v) of RCRA (42 U.S.C. § 6924(v)).
Notwithstanding the foregoing, corrective action authorized elsewhere in this
Chapter shall not be limited by this section. (1985,
c. 738, s. 4; 1989, c. 168, s. 28.)

Part 2A. Nonhazardous Solid Waste Management.

§ 130A-309.01. Title.

This Part may be cited as the Solid Waste Management Act of
1989. (1989, c. 784, s. 2.)

§ 130A-309.02. Applicability.

This Part shall apply to solid waste other than hazardous
waste and sludges. (1989, c. 784, s. 2.)

§ 130A-309.03. Findings, purposes.

(a) The General Assembly finds that:

(1) Inefficient and improper methods of managing solid
waste create hazards to public health, cause pollution of air and water
resources, constitute a waste of natural resources, have an adverse effect on
land values, and create public nuisances.

(2) Problems of solid waste management have become a
matter statewide in scope and necessitate State action to assist local
governments in improving methods and processes to promote more efficient
methods of solid waste collection and disposal.

(3) The continuing technological progress and improvements
in methods of manufacture, packaging, and marketing of consumer products have
resulted in an ever-mounting increase of the mass of material discarded by the
purchasers of the products, thereby necessitating a statewide approach to
assisting local governments around the State with their solid waste management
programs.

(4) The economic growth and population growth of our
State have required increased industrial production together with related
commercial and agricultural operations to meet our needs, which have resulted
in a rising tide of unwanted and discarded materials.

(5) The failure or inability to economically recover
material and energy resources from solid waste results in the unnecessary waste
and depletion of our natural resources; such that, maximum resource recovery
from solid waste and maximum recycling and reuse of the resources must be
considered goals of the State.

(6) Certain solid waste, due to its quantity;
concentration; or physical, chemical, biological, or infectious characteristics;
is exceptionally hazardous to human health, safety, and to the environment;
such that exceptional attention to the transportation, disposal, storage, and
treatment of the waste is necessary to protect human health, safety, and
welfare; and to protect the environment.

(7) This Part should be integrated with other State
laws and rules and applicable federal law.

(b) It is the purpose of this Part to:

(1) Regulate in the most economically feasible, cost-effective,
and environmentally safe manner the storage, collection, transport, separation,
processing, recycling, and disposal of solid waste in order to protect the
public health, safety, and welfare; enhance the environment for the people of
this State; and recover resources which have the potential for further
usefulness.

(2) Establish and maintain a cooperative State program
of planning, technical assistance, and financial assistance for solid waste
management.

(4) Require review of the design, and issue permits for
the construction, operation, and closure of solid waste management facilities.

(5) Promote the application of resource recovery
systems that preserve and enhance the quality of air, water, and land
resources.

(6) Ensure that exceptionally hazardous solid waste is
transported, disposed of, stored, and treated in a manner adequate to protect
human health, safety, and welfare; and the environment.

(7) Promote the reduction, recycling, reuse, or
treatment of solid waste, specifically including hazardous waste, in lieu of
disposal of the waste.

(8) Promote methods and technology for the treatment,
disposal, and transportation of hazardous waste which are practical, cost-effective,
and economically feasible.

(9) Encourage counties and municipalities to utilize
all means reasonably available to promote efficient and proper methods of
managing solid waste and to promote the economical recovery of material and
energy resources from solid waste, including contracting with persons to
provide or operate resource recovery services or facilities on behalf of the
county or municipality.

(10) Promote the education of the general public and the
training of solid waste professionals to reduce the production of solid waste,
to ensure proper disposal of solid waste, and to encourage recycling.

(11) Encourage the development of waste reduction and
recycling as a means of managing solid waste, conserving resources, and
supplying energy through planning, grants, technical assistance, and other
incentives.

(12) Encourage the development of the State's recycling
industry by promoting the successful development of markets for recycled items
and by promoting the acceleration and advancement of the technology used in
manufacturing processes that use recycled items.

(13) Give the State a leadership role in recycling
efforts by granting a preference in State purchasing to products with recycled
content.

(14) Require counties to develop and implement recycling
programs so that valuable materials may be returned to productive use, energy
and natural resources conserved, and the useful life of solid waste management
facilities extended.

(15) Ensure that medical waste is transported, stored,
treated, and disposed of in a manner sufficient to protect human health,
safety, and welfare; and the environment.

(16) Require counties, municipalities, and State agencies
to determine the full cost of providing storage, collection, transport,
separation, processing, recycling, and disposal of solid waste in an
environmentally safe manner; and encourage counties, municipalities, and State
agencies to contract with private persons for any or all the services in order
to assure that the services are provided in the most cost-effective manner. (1989, c. 784, s. 2.)

§ 130A-309.04. State solid waste management policy and
goals.

(a) It is the policy of the State to promote methods
of solid waste management that are alternatives to disposal in landfills and to
assist units of local government with solid waste management. In furtherance of
this State policy, there is established a hierarchy of methods of managing
solid waste, in descending order of preference:

(1) Waste reduction at the source;

(2) Recycling and reuse;

(3) Composting;

(4) Incineration with energy recovery;

(5) Incineration without energy recovery;

(6) Disposal in landfills.

(b) It is the policy of the State to encourage
research into innovative solid waste management methods and products and to
encourage regional solid waste management projects.

(c) It is the goal of this State to reduce the
municipal solid waste stream, primarily through source reduction, reuse,
recycling, and composting, by forty percent (40%) on a per capita basis by 30
June 2001.

(c1) To measure progress toward the municipal solid
waste reduction goal in a given year, comparison shall be made between the
amount by weight of the municipal solid waste that, during the baseline year
and the given year, is received at municipal solid waste management facilities
and is:

(1) Disposed of in a landfill;

(2) Incinerated;

(3) Converted to tire-derived fuel; or

(4) Converted to refuse-derived fuel.

(c2) Comparison shall be between baseline and given
years beginning on 1 July and ending on 30 June of the following year. The
baseline year shall be the year beginning 1 July 1991 and ending 30 June 1992.
However, a unit of local government may use an earlier baseline year if it
demonstrates to the satisfaction of the Department that it has sufficient data
to support the use of the earlier baseline year.

(d) In furtherance of the State's solid waste
management policy, each State agency shall develop a solid waste management
plan that is consistent with the solid waste management policy of the State.

(d1) It is the policy of the State to obtain, to the
extent practicable, economic benefits from the recovery from solid waste and
reuse of material and energy resources. In furtherance of this policy, it is
the goal of the State to foster partnerships between the public and private
sectors that strengthen the supply of, and demand for, recyclable and reusable
materials and that foster opportunities for economic development from the
recovery and reuse of materials.

(a) Notwithstanding other provisions of this Article,
the following waste shall be regulated pursuant to this Part:

(1) Medical waste; and

(2) Ash generated by a solid waste management facility
from the burning of solid waste.

(b) Ash generated by a solid waste management facility
from the burning of solid waste shall be disposed of in a properly designed
solid waste disposal area that complies with standards developed by the
Department for the disposal of the ash. The Department shall work with solid
waste management facilities that burn solid waste to identify and develop
methods for recycling and reusing incinerator ash or treated ash.

(c) Recovered material is not subject to regulation as
solid waste under this Article. In order for a material that would otherwise be
regulated as solid waste to qualify as a recovered material, the Department may
require any person who owns or has control over the material to demonstrate
that the material meets the requirements of this subsection. In order to
protect public health and the environment, the Commission may adopt rules to
implement this subsection. Materials that are accumulated speculatively, as
that term is defined under 40 Code of Federal Regulations § 261 (July 1, 2014
Edition), shall not qualify as a recovered material, and shall be subject to
regulation as solid waste. In order to qualify as a recovered material, the
material shall be managed as a valuable commodity in a manner consistent with
the desired use or end use, and all of the following conditions shall be met:

(1) Seventy-five percent (75%), by weight or volume, of
the recovered material stored at a facility at the beginning of a calendar year
commencing January 1, shall be removed from the facility through sale, use, or
reuse by December 31 of the same year.

(2) The recovered material or the products or by-products
of operations that process recovered material shall not be discharged,
deposited, injected, dumped, spilled, leaked, or placed into or upon any land
or water so that the products or by-products or any constituent thereof may
enter other lands or be emitted into the air or discharged into any waters
including groundwaters, or otherwise enter the environment or pose a threat to
public health and safety. Facilities that process recovered material shall be
operated in a manner to ensure compliance with this subdivision.

(3) The recovered material shall not be a hazardous
waste or have been recovered from a hazardous waste.

(a) In addition to other powers and duties set forth
in this Part, the Department shall:

(1) Develop a comprehensive solid waste management plan
consistent with this Part. The plan shall be developed in consultation with
units of local government and shall be updated at least every three years. In
developing the State solid waste management plan, the Department shall hold
public hearings around the State and shall give notice of these public hearings
to all units of local government and regional planning agencies.

(3) Encourage coordinated local activity for solid
waste management within a common geographical area.

(4) Provide planning, technical, and financial
assistance to units of local government and State agencies for reduction,
recycling, reuse, and processing of solid waste and for safe and
environmentally sound solid waste management and disposal.

(5) Cooperate with appropriate federal agencies, local
governments, and private organizations in carrying out the provisions of this
Part.

(6) Promote and assist the development of solid waste
reduction, recycling, and resource recovery programs that preserve and enhance
the quality of the air, water, and other natural resources of the State.

(7) Maintain a directory of recycling and resource
recovery systems in the State and provide assistance with matching recovered
materials with markets.

(8) Manage a program of grants for programs for
recycling and special waste management, and for programs that provide for the
safe and proper management of solid waste.

(9) Provide for the education of the general public and
the training of solid waste management professionals to reduce the production
of solid waste, to ensure proper processing and disposal of solid waste, and to
encourage recycling and solid waste reduction.

(10) Develop descriptive literature to inform units of
local government of their solid waste management responsibilities and
opportunities.

(12) Provide and maintain recycling bins for the
collection and recycling of newspaper, aluminum cans, glass containers, and
recyclable plastic beverage containers at the North Carolina Zoological Park.

(13) Identify, based on reports required under G.S. 130A-309.14
and any other relevant information, those materials in the municipal solid
waste stream that are marketable in the State or any portion thereof and that
should be recovered from the waste stream prior to treatment or disposal.

(14) Identify and analyze, with assistance from the
Department of Commerce pursuant to G.S. 130A-309.14, components of the State's
recycling industry and present and potential markets for recyclable materials
in this State, other states, and foreign countries.

(b) Repealed by Session Laws 2007-550, s. 6(b),
effective August 1, 2007, and applicable to any application for a permit for a
solid waste management facility that is pending on that date.

(c) The Department shall report to the Environmental
Review Commission on or before 15 January of each year on the status of solid
waste management efforts in the State. The report shall include:

(1) A comprehensive analysis, to be updated in each
report, of solid waste generation and disposal in the State projected for the
20-year period beginning on 1 July 1991.

(2) The total amounts of solid waste recycled and
disposed of and the methods of solid waste recycling and disposal used during
the calendar year prior to the year in which the report is published.

(3) An evaluation of the development and implementation
of local solid waste management programs and county and municipal recycling
programs.

(4) An evaluation of the success of each county or
group of counties in meeting the municipal solid waste reduction goal
established in G.S. 130A-309.04.

(5) Recommendations concerning existing and potential
programs for solid waste reduction and recycling that would be appropriate for
units of local government and State agencies to implement to meet the
requirements of this Part.

(6) An evaluation of the recycling industry, the
markets for recycled materials, the recycling of polystyrene, and the success
of State, local, and private industry efforts to enhance the markets for these
materials.

(7) Recommendations to the Governor and the
Environmental Review Commission to improve the management and recycling of
solid waste in the State, including any proposed legislation to implement the
recommendations.

(8) A description of the condition of the Solid Waste
Management Trust Fund and the use of all funds allocated from the Solid Waste
Management Trust Fund, as required by G.S. 130A-309.12(c).

(9) A description of the review and revision of bid
procedures and the purchase and use of reusable, refillable, repairable, more
durable, and less toxic supplies and products by both the Department of
Administration and the Department of Transportation, as required by G.S. 130A-309.14(a1)(3).

(10) A description of the implementation of the North
Carolina Scrap Tire Disposal Act that includes the amount of revenue used for
grants and to clean up nuisance tire collection under the provisions of G.S
130A-309.64.

(11) A description of the management of white goods in
the State, as required by G.S. 130A-309.85.

(12) A summary of the report by the Department of
Transportation on the amounts and types of recycled materials that were
specified or used in contracts that were entered into by the Department of
Transportation during the previous fiscal year, as required by G.S. 136-28.8(g).

(14) (Expiring October 1, 2023) A description of the
activities related to the management of abandoned manufactured homes in the
State in accordance with G.S. 130A-117, the beginning and ending balances in
the Solid Waste Management Trust Fund for the reporting period and the amount
of funds used, itemized by county, for grants made under Part 2F of Article 9
of Chapter 130A of the General Statutes.

(1) Procedures to encourage cooperative efforts in
solid waste management by counties and municipalities and groups of counties
and municipalities where appropriate, including the establishment of joint
agencies pursuant to G.S. 160A-462.

(3) Planning guidance and technical assistance to
counties and municipalities to aid in meeting the municipal solid waste
reduction goals established in G.S. 130A-309.04.

(4) Planning guidance and technical assistance to
counties and municipalities to assist the development and implementation of
solid waste reduction programs.

(5) Technical assistance to counties and municipalities
in determining the full cost for solid waste management as required in G.S.
130A-309.08.

(6) Planning guidance and technical assistance to
counties and municipalities to assist the development and implementation of
programs for alternative disposal, processing, or recycling of the solid wastes
prohibited from disposal in landfills pursuant to G.S. 130A-309.10 and for
special wastes.

(7) A public education program, to be developed in cooperation
with the Department of Public Instruction, units of local government, other
State agencies, and business and industry organizations, to inform the public
of the need for and the benefits of recycling solid waste and reducing the
amounts of solid and hazardous waste generated and disposed of in the State.
The public education program shall be implemented through public workshops and
through the use of brochures, reports, public service announcements, and other
materials.

(8) Provisions to encourage partnerships between the
public and private sectors that strengthen the supply of, and demand for,
recyclable materials and that foster opportunities for economic development
from the recovery and reuse of materials. (1989, c.
784, s. 2; 1991, c. 621, s. 5; 1995 (Reg. Sess., 1996), c. 594, s. 11.)

(a) Each county and each municipality shall annually
determine the full cost for solid waste management within the service area of
the county or municipality for the preceding year. The Commission shall
establish by rule the method for units of local government to use in
calculating full cost.

(b) Each municipality shall establish a system to
inform, no less than once a year, residential and nonresidential users of solid
waste management services within the municipality's service area of the user's
share, on an average or individual basis, of the full cost for solid waste
management as determined pursuant to subsection (a) of this section. Counties
shall provide the information required of municipalities only to residential
and nonresidential users of solid waste management services within the county's
service area that are not served by a municipality. Municipalities shall
include costs charged to them or to persons contracting with them for disposal
of solid waste in the full cost information provided to residential and
nonresidential users of solid waste management services. Counties and
municipalities are encouraged to operate their solid waste management systems
through use of an enterprise fund.

(c) For purposes of this section, "service
area" means the area in which the county or municipality provides,
directly or by contract, solid waste management services. The provisions of
this section shall not be construed to require a person operating under a
franchise contract or other agreement to collect or dispose of solid waste
within the service area of a county or municipality to make the calculations or
to establish a system to provide the information required under this section,
unless such person agrees to do so as part of such franchise contract or other
agreement.

(d) A county may charge fees for the collection,
processing, or disposal of solid waste as provided in Article 15 of Chapter
153A of the General Statutes. A city may charge fees for the collection,
processing, or disposal of solid waste as provided in Article 16 of Chapter
160A of the General Statutes.

(a) The governing board of each unit of local
government shall assess local solid waste collection services and disposal
capacity and shall determine the adequacy of collection services and disposal
capacity to meet local needs and to protect human health and the environment.
Each unit of local government shall implement programs and take other actions
that it determines are necessary to address deficiencies in service or capacity
required to meet local needs and to protect human health and the environment. A
unit of local government may adopt ordinances governing the disposal, in
facilities that it operates, of solid waste generated outside of the area
designated to be served by the facility. Such ordinances shall not be construed
to apply to privately operated disposal facilities located within the
boundaries of the unit of local government.

(b) Units of local government shall make a good-faith
effort to achieve the State's forty percent (40%) municipal solid waste
reduction goal and to comply with the State's comprehensive solid waste
management plan.

(d) In order to assess the progress in meeting the goal
set out in G.S. 130A-309.04, each unit of local government shall report to the
Department on the solid waste management programs and waste reduction
activities within the unit of local government by 1 September of each year. At
a minimum, the report shall include:

(1) A description of public education programs on
recycling.

(2) The amount of solid waste received at municipal
solid waste management facilities, by type of solid waste.

(3) The amount and type of materials from the solid
waste stream that were recycled.

(4) The percentage of the population participating in
various types of recycling activities instituted.

(7) A statement of the costs of solid waste management
programs implemented by the unit of local government and the methods of
financing those costs.

(8) Information regarding permanent recycling programs
for discarded computer equipment and televisions for which funds are received
pursuant to G.S. 130A-309.137, and information on operative interlocal
agreements executed in conjunction with funds received, if any.

(9) A description of the disaster debris management
program.

(10) A description of scrap tire disposal procedures.

(11) A description of white goods management procedures.

(12) Information regarding the prevention of illegal
disposal and management of litter.

(f) Each operator of a municipal solid waste
management facility shall weigh all solid waste when it is received.

(g) A unit of local government that is a collector of
municipal solid waste shall not knowingly collect for disposal, and the owner
or operator of a municipal solid waste management facility that is owned or
operated by a unit of local government shall not knowingly dispose of, any type
or form of municipal solid waste that is generated within the boundaries of a
unit of local government that by ordinance:

(1) Prohibits generators or collectors of municipal
solid waste from disposing of that type or form of municipal solid waste.

(2) Requires generators or collectors of municipal
solid waste to recycle that type or form of municipal solid waste.

(a) Each unit of local government shall establish and
maintain a solid waste reduction program. The following requirements shall
apply:

(1) Demolition debris consisting of used asphalt or
used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar
nonhazardous material may be used as fill and need not be disposed of in a
permitted landfill or solid waste disposal facility, provided that demolition
debris may not be placed in the waters of the State or at or below the seasonal
high water table.

(2) Repealed by Session Laws 1991, c. 621, s. 8.

(3) Units of local government are encouraged to
separate marketable plastics, glass, metal, and all grades of paper for
recycling prior to final disposal and are further encouraged to recycle yard
trash and other organic solid waste into compost available for agricultural and
other acceptable uses.

(b) To the maximum extent practicable, units of local
government should participate in the preparation and implementation of joint
waste reduction and solid waste management programs, whether through joint
agencies established pursuant to G.S. 153A-421, G.S. 160A-462, or any other
means provided by law. Nothing in a county's solid waste management or waste
reduction program shall affect the authority of a municipality to franchise or
otherwise provide for the collection of solid waste generated within the
boundaries of the municipality.

(f) A county or counties and its or their
municipalities may jointly determine, through a joint agency established
pursuant to G.S. 153A-421 or G.S. 160A-462, which local governmental agency
shall administer a solid waste management or waste reduction program.

§ 130A-309.09C. Additional powers of local governments;
construction of this Part; effect of noncompliance.

(a) To effect the purposes of this Part, counties and
municipalities are authorized, in addition to other powers granted pursuant to
this Part:

(1) To contract with persons to provide resource
recovery services or operate resource recovery facilities on behalf of the
county or municipality.

(2) To indemnify persons providing resource recovery
services or operating resource recovery facilities for liabilities or claims
arising out of the provision or operation of such services or facilities that
are not the result of the sole negligence of the persons providing the services
or operating the facilities.

(3) To contract with persons to provide solid waste
disposal services or operate solid waste disposal facilities on behalf of the
county or municipality.

(b) A county or municipality may enter into a written
agreement with other persons, including persons transporting solid waste, to
undertake to fulfill some or all of the county's or municipality's
responsibilities under this Part.

(c) Nothing in this Part shall be construed to prevent
the governing board of any county or municipality from providing by ordinance
or regulation for solid waste management standards which are stricter or more
extensive than those imposed by the State solid waste management program and
rules and orders issued to implement the State program.

(d) Nothing in this Part or in any rule adopted by any
agency shall be construed to require any county or municipality to participate
in any regional solid waste management until the governing board of the county
or municipality has determined that participation in such a program is
economically feasible for that county or municipality. Nothing in this Part or
in any special or local act or in any rule adopted by any agency shall be
construed to limit the authority of a municipality to regulate the disposal of
solid waste located within its boundaries or generated within its boundaries so
long as a facility for any such disposal has been approved by the Department,
unless the municipality is included within a solid waste management program
created under a joint agency or special or local act. If bonds had been issued
to finance a solid waste management program in reliance on State law granting
to a unit of local government, a region, or a special district the
responsibility for the solid waste management program, nothing herein shall
permit any governmental agency to withdraw from the program if the agency's
participation is necessary for the financial feasibility of the project, so
long as the bonds are outstanding.

(e) Nothing in this Part or in any rule adopted by any
State agency pursuant to this Part shall require any person to subscribe to any
private solid waste collection service.

(f) In the event a region, special district, or other
entity by special act or joint agency, has been established to manage solid
waste, any duty or responsibility or penalty imposed under this Part on a unit
of local government shall apply to such region, special district, or other
entity to the extent of the grant of the duty or responsibility or imposition
of such penalty. To the same extent, such region, special district, or other
entity shall be eligible for grants or other benefits provided pursuant to this
Part.

(g) In addition to any other penalties provided by
law, a unit of local government that does not comply with the requirements of
G.S. 130A-309.09A(b), G.S. 130A-309.09A(d), and G.S. 130A-309.09B(a) shall not
be eligible for grants from the Solid Waste Management Trust Fund or the White
Goods Management Account and shall not receive the proceeds of the scrap tire
disposal tax imposed by Article 5B of Chapter 105 of the General Statutes or
the proceeds of the white goods disposal tax imposed by Article 5C of Chapter
105 of the General Statutes to which the unit of local government would
otherwise be entitled. The Secretary shall notify the Secretary of Revenue to
withhold payment of these funds to any unit of local government that fails to
comply with the requirements of G.S. 130A-309.09A(b), G.S. 130A-309.09A(d), and
G.S. 130A-309.09B(a). Proceeds of the scrap tire disposal tax that are withheld
pursuant to this subsection shall be credited to the General Fund and may be
used as provided in G.S. 130A-309.64. Proceeds of the white goods disposal tax
that are withheld pursuant to this subsection shall be credited to the General
Fund and may be used as provided in G.S. 130A-309.83. (1989,
c. 784, s. 2; 1989 (Reg. Sess., 1990), c. 1009, s. 4; 1991, c. 621, s. 9; 1995
(Reg. Sess., 1996), c. 594, s. 15; 2013-360, ss. 14.16(e), 14.17(d); 2013-409,
s. 3.)

(a) A generator of municipal solid waste shall not
knowingly dispose of, a collector of municipal solid waste shall not knowingly collect
for disposal, and the owner or operator of a privately owned or operated
municipal solid waste management facility shall not knowingly dispose of, any
type or form of municipal solid waste that is generated within the boundaries
of a unit of local government that by ordinance:

(1) Prohibits generators or collectors of municipal
solid waste from disposing of that type or form of municipal solid waste.

(2) Requires generators or collectors of municipal
solid waste to recycle that type or form of municipal solid waste.

(b) On or before 1 August, the owner or operator of a
privately owned solid waste management facility shall report to the Department,
for the previous year beginning 1 July and ending 30 June, the amount by weight
of the solid waste that was received at the facility and disposed of in a
landfill, incinerated, or converted to fuel. To the maximum extent
practicable, the reports shall indicate by weight the county of origin of all
solid waste. The owner or operator shall transmit a copy of the report to the
county in which the facility is located and to each county from which solid
waste originated.

(c) A generator of industrial solid waste that owns
and operates an industrial solid waste facility for the management of
industrial solid waste generated by that generator shall develop a 10-year
waste management plan. The plan shall be updated at least every three years.
In order to assure compliance with this subsection, each generator to which
this subsection applies shall provide the Department with a copy of its current
plan upon request by the Department. Each generator to which this subsection
applies shall file a report on its implementation of the plan required by this
subsection with the Department by 1 August of each year. A generator to which
this subsection applies may provide the Department with a copy of a current
plan prepared pursuant to an ordinance adopted by a unit of local government or
prepared for any other purpose if the plan meets the requirements of this
subsection. The plan shall have the following components:

(1) A waste reduction goal established by the
generator.

(2) Options for the management and reduction of wastes
evaluated by the generator.

(a) No beverage shall be sold or offered for sale
within the State in a beverage container designed and constructed so that the
container is opened by detaching a metal ring or tab.

(b) No person shall distribute, sell, or offer for
sale in this State, any product packaged in a container or packing material
manufactured with fully halogenated chlorofluorocarbons (CFC). Producers of
containers or packing material manufactured with chlorofluorocarbons (CFC) are
urged to introduce alternative packaging materials that are environmentally
compatible.

(c) (1) No plastic
bag shall be provided at any retail outlet to any retail customer to use for
the purpose of carrying items purchased by that customer unless the bag is
composed of material that is recyclable.

(2) It is the goal of the State that at least twenty-five
percent (25%) of the plastic bags provided at retail outlets in the State to
retail customers for carrying items purchased by the customer be recycled.

(d) (1) No person
shall distribute, sell, or offer for sale in this State any polystyrene foam
product that is to be used in conjunction with food for human consumption
unless the product is composed of material that is recyclable.

(2) Repealed by Session Laws 1995, c. 321, s. 1.

(e) No person shall distribute, sell, or offer for
sale in this State any rigid plastic container, including a plastic beverage
container, unless the container has a molded label indicating the plastic resin
used to produce the container. The code shall consist of a number placed within
three triangulated arrows and letters placed below the triangulated arrows. The
three arrows shall form an equilateral triangle with the common point of each
line forming each angle of the triangle at the midpoint of each arrow and
rounded with a short radius. The arrowhead of each arrow shall be at the
midpoint of each side of the triangle with a short gap separating the arrowhead
from the base of the adjacent arrow. The triangle formed by the three arrows
curved at their midpoints shall depict a clockwise path around the code number.
The label shall appear on or near the bottom of the container and be clearly
visible. A container having a capacity of less than eight fluid ounces or more
than five gallons is exempt from the requirements of this subsection. The
numbers and letters shall be as follows:

(1) For polyethylene terephthalate, the letters
"PETE" and the number 1.

(2) For high density polyethylene, the letters
"HDPE" and the number 2.

(3) For vinyl, the letter "V" and the number
3.

(4) For low density polyethylene, the letters "LDPE"
and the number 4.

(5) For polypropylene, the letters "PP" and
the number 5.

(6) For polystyrene, the letters "PS" and the
number 6.

(7) For any other, the letters "OTHER" and
the number 7.

(e1) (See Editor's note for applicability) No
person shall distribute, sell, or offer for sale in this State any rigid
plastic container, including a plastic beverage container labeled
"degradable," "biodegradable," "compostable," or
other words suggesting the container will biodegrade unless (i) the container
complies with the requirements of subsection (e) of this section and (ii) the
container includes a label with the statement "Not Recyclable, Do Not
Recycle" in print of the same color, contrast, font, and size as the
language suggesting the container will biodegrade.

(f) No person shall knowingly dispose of the following
solid wastes in landfills:

(1) Repealed by Session Laws 1991, c. 375, s. 1.

(2) Used oil.

(3) Yard trash, except in landfills approved for the
disposal of yard trash under rules adopted by the Commission. Yard trash that
is source separated from solid waste may be accepted at a solid waste disposal
area where the area provides and maintains separate yard trash composting
facilities.

(4) White goods.

(5) Antifreeze (ethylene glycol).

(6) Aluminum cans.

(7) Whole scrap tires, as provided in G.S. 130A-309.58(b).
The prohibition on disposal of whole scrap tires in landfills applies to all
whole pneumatic rubber coverings, but does not apply to whole solid rubber
coverings.

(8) Lead-acid batteries, as provided in G.S. 130A-309.70.

(9) Repealed by Session Laws 2011-394, s. 4, effective
July 1, 2011.

(10) Motor vehicle oil filters.

(11) Recyclable rigid plastic containers that are
required to be labeled as provided in subsection (e) of this section, that have
a neck smaller than the body of the container, and that accept a screw top,
snap cap, or other closure. The prohibition on disposal of recyclable rigid
plastic containers in landfills does not apply to rigid plastic containers that
are intended for use in the sale or distribution of motor oil or pesticides.

(12) Wooden pallets, except that wooden pallets may be
disposed of in a landfill that is permitted to only accept construction and
demolition debris.

(13) Oyster shells.

(14) Discarded computer equipment, as defined in G.S.
130A-309.131.

(15) Discarded televisions, as defined in G.S. 130A-309.131.

(f1) No person shall knowingly dispose of the following
solid wastes by incineration in an incinerator for which a permit is required
under this Article:

(f2) Subsections (f1) and (f3) of this section shall not
apply to solid waste incinerated in an incinerator solely owned and operated by
the generator of the solid waste. Subsection (f1) of this section shall not
apply to antifreeze (ethylene glycol) that cannot be recycled or reclaimed to
make it usable as antifreeze in a motor vehicle.

(f3) Holders of on-premises malt beverage permits, on-premises
unfortified wine permits, on-premises fortified wine permits, and mixed
beverages permits shall not knowingly dispose of beverage containers that are
required to be recycled under G.S. 18B-1006.1 in landfills or by incineration
in an incinerator for which a permit is required under this Article.

(h) The accidental or occasional disposal of small
amounts of prohibited solid waste by landfill shall not be construed as a
violation of subsection (f) or (f3) of this section.

(i) The accidental or occasional disposal of small
amounts of prohibited solid waste by incineration shall not be construed as a
violation of subsection (f1) or (f3) of this section if the Department has
approved a plan for the incinerator as provided in subsection (j) of this
section or if the incinerator is exempt from subsection (j) of this section.

(j) The Department may issue a permit pursuant to
this Article for an incinerator that is subject to subsection (f1) of this
section only if the applicant for the permit has a plan approved by the
Department pursuant to this subsection. The applicant shall file the plan at
the time of the application for the permit. The Department shall approve a plan
only if it complies with the requirements of this subsection. The plan shall
provide for the implementation of a program to prevent the incineration of the
solid waste listed in subsections (f1) and (f3) of this section. The program
shall include the random visual inspection prior to incineration of at least
ten percent (10%) of the solid waste to be incinerated. The program shall also
provide for the retention of the records of the random visual inspections and
the training of personnel to recognize the solid waste listed in subsections
(f1) and (f3) of this section. If a random visual inspection discovers solid
waste that may not be incinerated pursuant to subsections (f1) and (f3) of this
section, the program shall provide that the operator of the incinerator shall
dispose of the solid waste in accordance with applicable federal and State
laws, regulations, and rules. This subsection does not apply to an incinerator
that disposes only of medical waste.

(k) A county or city may petition the Department for a
waiver from the prohibition on disposal of a material described in subdivisions
(9), (10), (11), (12), and (13) of subsection (f) of this section and
subsection (f3) of this section in a landfill based on a showing that
prohibiting the disposal of the material would constitute an economic hardship.

(l) Oyster shells that are delivered to a landfill
shall be stored at the landfill for at least 90 days or until they are removed
for recycling. If oyster shells that are stored at a landfill are not removed
for recycling within 90 days of delivery to the landfill, then, notwithstanding
subdivision (13) of subsection (f) of this section, the oyster shells may be
disposed of in the landfill.

(a) In order to protect the State's land and water
resources, compost produced, utilized, or disposed of by the composting process
at solid waste management facilities in the State must meet criteria
established by the Department.

(b) The Commission shall adopt rules to establish
standards for the production of compost. Rules shall be adopted not later than
24 months after the initiation of rule making. Such rules shall include:

a. The types of waste composted, including at least
one type containing only yard trash;

b. The maturity of the compost, including at least
three degrees of decomposition for fresh, semi-mature, and mature; and

c. The levels of organic and inorganic constituents in
the compost.

(c) The compost classification scheme shall address:

(1) Methods for measurement of the compost maturity.

(2) Particle sizes.

(3) Moisture content.

(4) Average levels of organic and inorganic
constituents, including heavy metals, for such classes of compost as the
Department establishes, and the analytical methods to determine those levels.

(d) The Commission shall adopt rules to prescribe the
allowable uses and application rates of compost. Rules shall be adopted not
later than 24 months after the initiation of rule making. Such rules shall be
based on the following criteria:

(1) The total quantity of organic and inorganic
constituents, including heavy metals, allowed to be applied through the
addition of compost to the soil per acre per year.

(2) The allowable uses of compost based on maturity and
type of compost.

(e) If compost is produced which does not meet the
criteria prescribed by the Department for agricultural and other use, the
compost must be reprocessed or disposed of in a manner approved by the
Department, unless a different application is specifically permitted by the
Department. (1989, c. 784, s. 2; 1995 (Reg. Sess.,
1996), c. 594, s. 18.)

(a) The Department shall develop an outreach program
to promote waste reduction and recycling. From funds available to the
Department for this program, the Department may engage in any of the following
outreach activities:

(4) Develop secondary materials markets by providing
technical and financial support, including providing technical and financial
support to private recycling businesses, including use of processed scrap tire
materials.

(5) Provide funding for the activities of the Division
of Environmental Assistance and Outreach.

(b) It is the intent of the General Assembly to allow
the Department to satisfy grant obligations that extend beyond the end of the
fiscal year.

(c) The Department shall include in the report
required by G.S. 130A-309.06(c) a description of the outreach program under
this section. This report shall specify the type of outreach activity under
each of subdivisions (1) through (5) under subsection (a) of this section and
the amount of program funds the Department expended for each activity during
the previous year. (2013-360, s. 14.18(c).)

§ 130A-309.14. Duties of State agencies.

(a) Each State agency, including the General Assembly,
the General Court of Justice, and The University of North Carolina shall:

(1) Establish a program in cooperation with the
Department and the Department of Administration for the collection of all
recyclable materials generated in State offices throughout the State. The
program shall provide that recycling containers are readily accessible on each
floor where State employees are located in a building occupied by a State
agency. Recycling containers required pursuant to this subdivision shall be
clearly labeled to identify the types of recyclable materials to be deposited
in each container and, to the extent practicable, recycling containers for
glass, plastic, and aluminum shall be located near trash receptacles. The
program shall provide for the collection of all of the following recyclable
materials.

a. Aluminum.

b. Newspaper.

c. Sorted office paper.

d. Recyclable glass.

e. Plastic bottles.

As used in this subdivision, the term
"sorted office paper" means paper used in offices that is of a high
quality for purposes of recycling and includes copier paper, computer paper,
letterhead, ledger, white envelopes, and bond paper.

(2) Provide procedures for collecting and storing
recyclable materials, containers for storing materials, and contractual or
other arrangements with buyers of the recyclable materials.

(3) The Department of Administration and the Department
of Transportation shall each provide by 1 October of each year to the
Department of Environmental Quality a detailed description of the respective
Agency's review and revision of bid procedures and purchase and use of
reusable, refillable, repairable, more durable, and less toxic supplies and
products. The information provided by the Department of Administration and the
Department of Transportation to the Department of Environmental Quality shall
also be included in the report required by G.S. 130A-309.06(c).

(4) Establish and implement, in cooperation with the
Department and the Department of Administration, a solid waste reduction
program for materials used in the course of agency operations. The program
shall be designed and implemented to achieve maximum feasible reduction of
solid waste generated as a result of agency operations.

(5) Prepare any written report in compliance with the
model report under subsection (j) of this section. The State agency shall, in
lieu of distributing the report in mass:

a. Notify persons to whom each agency is required to
report, and any other persons it deems appropriate, that a report has been
published, its subject and title, and the locations, including State libraries,
at which the report is available;

b. Deliver any report to only those State libraries
that each agency determines is likely to receive requests for a particular
report; and

c. Distribute a report to only those who request the
report.

A State library that has received a
report shall distribute a report only upon request. Any State agency required
by law to report to an entity shall be in compliance with that law by notifying
that entity under sub-subdivision a. of this subdivision.

(a1) The Department of Administration shall review and
revise its bid procedures and specifications set forth in Article 3 of Chapter
143 of the General Statutes and the Department of Transportation shall review
and revise its bid procedures and specifications set forth in Article 2 of
Chapter 136 of the General Statutes to encourage the purchase or use of
reusable, refillable, repairable, more durable, and less toxic supplies and
products.

(1) The Department of Administration shall require the
procurement of such supplies and products to the extent that the purchase or
use is practicable and cost-effective. The Department of Administration shall
require the purchase or use of remanufactured toner cartridges for laser
printers to the extent practicable.

(2) The Department of Transportation shall require the
purchase or use of such supplies and products in the construction and
maintenance of highways and bridges to the extent that the purchase or use is
practicable and cost-effective.

(3) The Department of Administration and the Department
of Transportation shall each provide by 1 October of each year to the
Department of Environmental Quality a detailed description of the respective
Agency's review and revision of bid procedures and purchase and use of
reusable, refillable, repairable, more durable, and less toxic supplies and
products. The information provided by the Department of Administration and the
Department of Transportation to the Department of Environmental Quality shall
also be included in the report required by G.S. 130A-309.06(c).

(b) The Department of Commerce shall assist and
encourage the recycling industry in the State. Assistance and encouragement of
the recycling industry shall include:

(1) Assisting the Department in the identification and
analysis, by the Department pursuant to G.S. 130A-309.06, of components of the
State's recycling industry and present and potential markets for recyclable
materials in this State, other states, and foreign countries;

(2) Providing information on the availability and
benefits of using recycled materials to businesses and industries in the State;
and

(3) Distributing any material prepared in implementing
this section to the public, businesses, industries, units of local government,
or other organizations upon request.

(c) Repealed by Session Laws 1993, c. 250, s. 2.

(d) The Department of Commerce shall investigate the
potential markets for composted materials and shall submit its findings to the
Department for the waste registry informational program administered by the
Department in order to stimulate absorption of available composted materials
into such markets.

(e) On or before 1 March 1991, the Department of
Commerce shall report to the General Assembly its findings relative to:

(1) Potential markets for composted materials,
including private and public sector markets;

(2) The types of materials which may legally and
effectively be used in a successful composting operation; and

(3) The manner in which the composted materials should
be marketed for optimum use.

(f) (1) All State
agencies, including the Department of Transportation and the Department of
Administration, and units of local government are required to procure compost
products when they can be substituted for, and cost no more than, regular soil
amendment products, provided the compost products meet all applicable engineering
and environmental quality standards, specifications, and rules. This product
preference shall apply to, but not be limited to, highway construction and
maintenance projects, highway planting and beautification projects,
recultivation and erosion control programs, and other projects.

(2) The Department of Transportation shall, consistent
with economic feasibility and applicable engineering and environmental quality
standards, use scrap tires, demolition debris, and untreated, stabilized, or
encapsulated ash from boilers and incinerators in highway construction and
maintenance projects.

(g) The Department of Public Instruction, with the
assistance of the Department and The University of North Carolina, shall
develop, distribute, and encourage the use of guidelines for the collection of
recyclable materials and for solid waste reduction in the State system of
education. At a minimum, the guidelines shall address solid waste generated in
administrative offices, classrooms, dormitories, and cafeterias. The guidelines
shall be developed by 1 January 1991.

(h) In order to orient students and their families to
the recycling of waste and to encourage the participation of schools,
communities, and families in recycling programs, the school board of each
school district in the State shall make available an awareness program in the
recycling of waste materials. The program shall be provided at both the
elementary and secondary levels of education.

(i) The Department of Public Instruction is directed
to develop, from funds appropriated for environmental education, curriculum
materials and resource guides for a recycling awareness program for instruction
at the elementary, middle, and high school levels.

(j) The Department of Administration shall develop a
model report for reports published by any State agency, the General Assembly,
the General Court of Justice, or The University of North Carolina. This model
report shall satisfy the following:

(1) The paper in the report shall, to the extent
economically practicable, be made from recycled paper and shall be capable of
being recycled.

(2) The other constituent elements of the report shall,
to the extent economically practicable, be made from recycled products and
shall be capable of being recycled or reused.

(3) The report shall be printed on both sides of the
paper if no additional time, staff, equipment, or expense would be required to
fulfill this requirement.

(4) State publications that are of historical and
enduring value and importance to the citizens of North Carolina shall be
printed on alkaline (acid-free) paper according to G.S. 125-11.13.

(k) The Department of Transportation shall provide and
maintain recycling containers at each rest area located in this State on a
highway in the Interstate Highway System or in the State highway system for the
collection of each of the following recyclable materials for which recycling is
feasible:

(1) Aluminum.

(2) Newspaper.

(3) Recyclable glass.

(4) Plastic bottles.

For each rest area that has recycling containers, the Department
of Transportation shall install signs, or modify existing signs, that are
proximately located to the rest area to notify motorists that the rest area has
recycling containers.

(l) Any State agency or agency of a political
subdivision of the State that is using State funds, or any person contracting
with any agency with respect to work performed under contract, shall procure
products of recycled steel if all of the following conditions are satisfied:

(1) The product must be acquired competitively within a
reasonable time frame.

Any community college, as defined in G.S. 115D-2(2), and any
nonprofit corporation that receives State funds are encouraged to prepare any
written reports in compliance with G.S. 130A-309.14(j). (1993, c. 448, s. 3.)

§ 130A-309.15. Prohibited acts regarding used oil.

(a) No person may knowingly:

(1) Collect, transport, store, recycle, use, or dispose
of used oil in any manner which endangers the public health or welfare.

(3) Dispose of used oil in landfills in the State
unless such disposal has been approved by the Department.

(4) Mix used oil with solid waste that is to be
disposed of in landfills.

(5) Mix used oil with hazardous substances that make it
unsuitable for recycling or beneficial use.

(b) A person who violates subsection (a) of this
section shall be guilty of a misdemeanor and upon conviction shall be punished
as provided by G.S. 130A-25(a) and G.S. 14-3.

(c) A person who disposes of used oil in a landfill
where such used oil has been mixed with other solid waste which may be lawfully
disposed of in such landfill, and who is without knowledge that such solid
waste has been mixed with used oil, is not guilty of a violation under this
section.

(d) Used oil shall not be used for road oiling, dust
control, weed abatement, or other similar purposes that have the potential to
release used oil into the environment. (1989, c. 784,
s. 2.)

§ 130A-309.16. Public education program regarding used oil
collection and recycling.

The Department shall conduct a public education program to
inform the public of the needs for and benefits of collecting and recycling
used oil and shall:

(1) Encourage persons who annually sell at retail, in
containers for use off the premises, more than 500 gallons of oil to provide
the purchasers with information on the locations of collection facilities and
information on proper disposal practices.

(2) Establish, maintain, and publicize a used oil
information center that disperses materials or information explaining local,
State, and federal laws and rules governing used oil and informing the public
of places and methods for proper disposal of used oil.

(3) Encourage the voluntary establishment of used oil
collection and recycling programs and provide technical assistance to persons
who organize such programs.

(4) Encourage the procurement of recycled automotive,
industrial, and fuel oils and oils blended with recycled oils for all State and
local government uses. Recycled oils procured under this section shall meet
equipment manufacturer's specifications. (1989, c.
784, s. 2.)

(a) The following persons shall register annually with
the Department pursuant to rules of the Department on forms prescribed by it:

(1) Any person who transports over public highways more
than 500 gallons of used oil per week.

(2) Any person who maintains a collection facility that
receives more than 6,000 gallons of used oil annually. For purposes of
registration, the amount received does not include used oil delivered to
collection centers by individuals that change their own personal motor oil.

(3) Any facility that recycles more than 10,000 gallons
of used oil annually.

(b) An electric utility which generates during its
operation used oil that is then reclaimed, recycled, or rerefined by the
electric utility for use in its operations is not required to register or
report pursuant to this section.

(c) An on-site burner which only burns a specification
used oil generated by the burner is not required to register or report pursuant
to this section, provided that the burning is done in compliance with any air
permits issued by the Department.

(e) The Department shall require each registered
person to submit, no later than 1 July of each year, a report which specifies
the type and quantity of used oil transported, collected, and recycled during
the preceding calendar year.

(f) Each registered person who transports or recycles
used oil shall maintain records which identify:

(1) The source of the materials transported or
recycled;

(2) The quantity of materials received;

(3) The date of receipt; and

(4) The destination or end use of the materials.

(g) The Department shall perform technical studies to
sample used oil at facilities of representative used oil transporters and at
representative recycling facilities to determine the incidence of contamination
of used oil with hazardous, toxic, or other harmful substances.

(h) Any person who fails to register with the
Department as required by this section shall be guilty of a misdemeanor and
upon conviction shall be punished as provided by G.S. 130A-25(a) and G.S. 14-3.

Nothing in this Part shall prohibit the Department from
regulating used oil as a hazardous waste in a manner consistent with applicable
federal law and this Article. (1989, c. 784, s. 2.)

§ 130A-309.19. Coordination with other State agencies.

The Department of Transportation shall study the feasibility
of using recycled oil products in road construction activities and shall report
to the President Pro Tempore of the Senate and the Speaker of the House of
Representatives annually, beginning 1 January 1991, on the results of its
study. (1989, c. 784, s. 2.)

§ 130A-309.20. Public used oil collection centers.

(a) The Department shall encourage the voluntary
establishment of public used oil collection centers and recycling programs and
provide technical assistance to persons who organize such programs.

(b) All State agencies and businesses that change
motor oil for the public are encouraged to serve as public used oil collection
centers.

(c) A public used oil collection center must:

(1) Notify the Department annually that it is accepting
used oil from the public; and

(2) Annually report quantities of used oil collected
from the public.

(d) No person may recover from the owner or operator of
a used oil collection center any costs of response actions resulting from a
release of either used oil or a hazardous substance against the owner or
operator of a used oil collection center if such used oil is:

(1) Not mixed with any hazardous substance by the owner
or operator of the used oil collection center;

(2) Not knowingly accepted with any hazardous
substances contained therein;

(3) Transported from the used oil collection center by
a certified transporter pursuant to G.S. 130A-309.23; and

(4) Stored in a used oil collection center that is in
compliance with this section.

(e) Subsection (d) of this section applies only to
that portion of the public used oil collection center used for the collection
of used oil and does not apply if the owner or operator is grossly negligent in
the operation of the public used oil collection center. Nothing in this
section shall affect or modify in any way the obligations or liability of any
person under any other provisions of State or federal law, including common
law, for injury or damage resulting from a release of used oil or hazardous
substances. For purposes of this section, the owner or operator of a used oil
collection center may presume that a quantity of no more than five gallons of
used oil accepted from any member of the public is not mixed with a hazardous
substance, provided that the owner or operator acts in good faith. (1989, c. 784, s. 2)

§ 130A-309.21. Incentives program.

(a) The Department is authorized to establish an
incentives program for individuals who change their own oil to encourage them
to return their used oil to a used oil collection center.

(b) The incentives used by the Department may involve
the use of discount or prize coupons, prize drawings, promotional giveaways, or
other activities the Department determines will promote collection, reuse, or
proper disposal of used oil.

(c) The Department may contract with a promotion
company to administer the incentives program. (1989,
c. 784, s. 2.)

§ 130A-309.22. Grants to local governments.

(a) The Department shall develop a grants program for
units of local government to encourage the collection, reuse, and proper
disposal of used oil. No grant may be made for any project unless the project
is approved by the Department.

(b) The Department shall consider for grant assistance
any unit of local government project that uses one or more of the following
programs or any activity that the Department feels will reduce the improper
disposal and reuse of used oil:

(1) Curbside pickup of used oil containers by a unit of
local government or its designee.

(2) Retrofitting of solid waste equipment to promote
curbside pickup or disposal of used oil at used oil collection centers
designated by the unit of local government.

(3) Establishment of publicly operated used oil
collection centers at landfills or other public places.

(4) Providing containers and other materials and
supplies that the public can utilize in an environmentally sound manner to
store used oil for pickup or return to a used oil collection center.

(5) Providing incentives for the establishment of
privately operated public used oil collection centers.

(c) Eligible projects shall be funded according to
provisions established by the Department; however, no grant may exceed twenty-five
thousand dollars ($25,000).

(d) The Department shall initiate rule making on or
before 1 January 1991, necessary to carry out the purposes of this section. (1989, c. 784, s. 2.)

§ 130A-309.23. Certification of used oil transporters.

(a) Any person who transports over public highways
after 1 January 1992, more than 500 gallons of used oil in any week must be a
certified transporter or must be employed by a person who is a certified
transporter.

(b) The Department of Transportation shall develop a
certification program for transporters of used oil, and shall issue, deny, or
revoke certifications authorizing the holder to transport used oil.
Certification requirements shall help assure that a used oil transporter is
familiar with appropriate rules and used oil management procedures.

(c) The Department of Transportation shall adopt rules
governing certification, which shall include requirements for the following:

(1) Registration and annual reporting pursuant to G.S.
130A-309.17.

(2) Evidence of familiarity with applicable State laws
and rules governing used oil transportation.

(3) Proof of liability insurance or other means of
financial responsibility for any liability which may be incurred in the
transport of used oil.

(4) Marking, by the certified transporter of used oil,
of all vehicles which transport used oil or all containers of used oil when it
is not feasible to mark the vehicle. The mark must clearly identify the
certified used oil transporter and clearly indicate that the vehicle is used to
transport used oil. The marking must be visible to others travelling on the
highway. (1989, c. 784, s. 2; 1991, c. 488.)

§ 130A-309.24. Permits for used oil recycling facilities.

(a) Each person who intends to operate, modify, or
close a used oil recycling facility shall obtain an operation or closure permit
from the Department prior to operating, modifying, or closing the facility.

(b) By 1 January 1992, the Department shall develop a
permitting system for used oil recycling facilities after reviewing and
considering the applicability of the permit system for hazardous waste
treatment, storage, or disposal facilities.

(c) Permits shall not be required under this section
for the burning of used oil as a fuel, provided:

(1) A valid air permit issued by the Department is in
effect for the facility; and

(2) The facility burns used oil in accordance with
applicable United States Environmental Protection Agency regulations, local
government regulations, and the requirements and conditions of its air permit.

(d) No permit is required under this section for the
use of used oil for the beneficiation or flotation of phosphate rock. (1989, c. 784, s. 2.)

(a) The Department shall establish qualifications for,
and encourage the development of training programs for, operators of
incinerators, operators of landfills, coordinators of local recycling programs,
and other solid waste management facilities.

(b) The Department shall work with accredited
community colleges, vocational technical centers, State universities, and
private institutions in developing educational materials, courses of study, and
other such information to be made available for persons seeking to be trained
as operators of solid waste management facilities.

(c) A person may not perform the duties of an operator
of a solid waste management facility after 1 January 1998, unless he has
completed an operator training course approved by the Department. An owner of a
solid waste management facility may not employ any person to perform the duties
of an operator unless the person has completed an approved solid waste
management facility operator training course.

(d) The Commission may adopt rules and minimum
standards to effectuate the provisions of this section and to ensure the safe,
healthy, and lawful operation of solid waste management facilities. The
Commission may establish, by rule, various classifications for operators to
address the need for differing levels of training required to operate various
types of solid waste management facilities due to different operating
requirements at the facilities.

(e) In developing training programs for incinerator
operators under this section, the Department shall establish and consult with
ad hoc advisory groups to help coordinate the requirements under this section
with other training programs for incinerator operators.

(f) This section does not apply to any operator of a
solid waste management facility who has five years continuous experience as an
operator of a solid waste management facility immediately preceding January 1,
1998, provided that the operator attends a course and completes the continuing
education requirements approved by the Department. (1989,
c. 784, s. 2; 1993, c. 29, s. 1; 1995 (Reg. Sess., 1996), c. 594, s. 19; 1997-443,
s. 15.49(a).)

§ 130A-309.26. Regulation of medical waste.

(a) As used in this section:

(1) "Sharps" means needles, syringes, and
scalpel blades.

(2) "Treatment" means any process, including
steam sterilization, chemical treatment, incineration, and other methods
approved by the Commission which changes the character or composition of
medical waste so as to render it noninfectious.

(b) It is the intent of the General Assembly to
protect the public health by establishing standards for the safe packaging,
storage, treatment, and disposal of medical waste. The Commission shall adopt
and the Department shall enforce rules for the packaging, storage, treatment,
and disposal of:

(1) Medical waste at facilities where medical waste is
generated;

(2) Medical waste from the point at which the waste is
transported from the facility where it was generated;

(c) No later than 1 August 1990, the Commission shall
adopt rules necessary to protect the health, safety, and welfare of the public
and to carry out the purpose of this section. Such rules shall address, but
need not be limited to, the packaging of medical waste, including specific
requirements for the safe packaging of sharps and the segregation, storage,
treatment, and disposal of medical wastes at the facilities in which such waste
is generated. (1989, c. 784, s. 2; 1995 (Reg. Sess.,
1996), c. 594, s. 20.)

§ 130A-309.27. Joint and several liability.

(a) As used in this section:

(1) "Owner or operator" means, in addition to
the usual meanings of the term, any owner of record of any interest in land on
which a landfill is or has been sited, any person or business entity that owns
a majority interest in any other business entity which is the owner or operator
of a landfill, and any person designated as a joint permittee pursuant to G.S.
130A-295.2(e).

(2) "Proceeds" means all funds collected and
received by the Department, including interest and penalties on delinquent
fees.

(b) Every owner or operator of a landfill is jointly
and severally liable for the improper operation and closure of the landfill, as
provided by law.

Research, training, and service activities related to solid
and hazardous waste management conducted by The University of North Carolina
shall be coordinated by the Board of Governors of The University of North
Carolina through the Office of the President. Proposals for research contracts
and grants; public service assignments; and responses to requests for
information and technical assistance by the State and units of local
government, business, and industry shall be addressed by a formal process
involving an advisory board of university personnel appointed by the President
and chaired and directed by an individual appointed by the President. The
Board of Governors of The University of North Carolina shall consult with the
Department in developing the research programs and provide the Department with
a copy of the proposed research program for review and comment before the
research is undertaken. Research contracts shall be awarded to independent
nonprofit colleges and universities within the State which are accredited by
the Southern Association of Colleges and Schools on the same basis as those
research contracts awarded to The University of North Carolina. Research
activities shall include the following areas:

(2) Scrap tires are a usable resource that may be
recycled for energy value.

(3) Uncontrolled disposal of scrap tires may create a
public health and safety problem because tire piles act as breeding sites for
mosquitoes and other disease-transmitting vectors, pose substantial fire
hazards, and present a difficult disposal problem for landfills.

(4) A significant number of scrap tires are illegally
dumped in North Carolina.

(5) It is in the State's best interest to encourage
efforts to recycle or recover resources from scrap tires.

(6) It is desirable to allow units of local government
to control tire disposal for themselves and to encourage multicounty, regional
approaches to scrap tire disposal and collection.

(7) It is desirable to encourage reduction in the
volume of scrap tires being disposed of at public sanitary landfills.

(b) The purpose of this Part is to provide statewide
guidelines and structure for the environmentally safe disposal of scrap tires
to be administered through units of local government. (1989,
c. 784, s. 3.)

§ 130A-309.53. Definitions.

Unless a different meaning is required by the context, the
following definitions shall apply throughout this Part:

(1) "Collection site" means a site used for
the storage of scrap tires.

(2) "Disposal fee" is any amount charged by a
tire collector, tire processor, or unit of local government in exchange for
accepting scrap tires.

(3) "In-county scrap tire" means any scrap
tire brought for disposal from inside the county in which the collection or
processing site is located.

(4) "Out-of-county scrap tire" means any
scrap tire brought for disposal from outside the county in which the collection
or processing site is located.

(5) "Processing site" means a site actively
used to produce or manufacture usable materials, including fuel, from scrap
tires. Commercial enterprises processing scrap tires shall not be considered
solid waste management facilities insofar as the provisions of G.S. 130A-294(a)(4)
and G.S. 130A-294(b) are concerned.

(6) "Scrap tire" means a tire that is no
longer suitable for its original, intended purpose because of wear, damage, or
defect.

(7) "Tire" means a continuous solid or
pneumatic rubber covering that encircles the wheel of a vehicle. Bicycle tires
and other tires for vehicles propelled by human power are not subject to the
provisions of this Part.

(8) "Tire collector" means a person who owns
or operates a site used for the storage, collection, or deposit of more than 50
scrap tires.

(9) "Tire hauler" means a person engaged in
the picking up or transporting of scrap tires for the purpose of storage,
processing, or disposal.

(10) "Tire processor" means a person who
engages in the processing of scrap tires or one who owns or operates a tire
processing site.

(11) "Tire retailer" means a person who engages
in the retail sale of a tire in any quantity for any use or purpose by the
purchaser other than for resale. (1989, c. 784, s. 3;
1991, c. 221, s. 2; 1995 (Reg. Sess., 1996), c. 594, s. 21.)

§ 130A-309.54. Use of scrap tire tax proceeds.

Article 5B of Chapter 105 imposes a tax on new tires to
provide funds for the disposal of scrap tires, for the cleanup of inactive
hazardous waste sites under Part 3 of this Article, and for all the purposes
for which the Bernard Allen Memorial Emergency Drinking Water Fund may be used
under G.S. 87-98. A county may use proceeds of the tax distributed to it under
that Article only for the disposal of scrap tires pursuant to the provisions of
this Part or for the abatement of a nuisance pursuant to G.S. 130A-309.60. (1989, c. 784, s. 3; 1991, c. 221, s. 3; 1993, c. 364, s.
1(a); 2009-451, s. 13.3B(b).)

(a) The owner or operator of any scrap tire collection
site shall, within six months after October 1, 1989, provide the Department
with information concerning the site's location, size, and the approximate
number of scrap tires that are accumulated at the site and shall initiate steps
to comply with subsection (b) of this section.

(b) On or after July 1, 1990:

(1) A person may not maintain a scrap tire collection
site or a scrap tire disposal site unless the site is permitted.

(2) It is unlawful for any person to dispose of scrap
tires in the State unless the scrap tires are disposed of at a scrap tire
collection site or at a tire disposal site, or disposed of for processing at a
scrap tire processing facility.

(c) The Commission shall adopt rules to carry out the
provisions of this section. Such rules shall:

(1) Provide for the administration of scrap tire
collector and collection center permits and scrap tire disposal site permits,
which may not exceed two hundred fifty dollars ($250.00) annually.

(1) A tire retreading business where fewer than 1,000
scrap tires are kept on the business premises;

(2) A business that, in the ordinary course of
business, removes tires from motor vehicles if fewer than 1,000 of these tires
are kept on the business premises; or

(3) A retail tire-selling business which is serving as
a scrap tire collection center if fewer than 1,000 scrap tires are kept on the
business premises.

(e) The Department shall encourage the voluntary
establishment of scrap tire collection centers at retail tire-selling
businesses, scrap tire processing facilities, and solid waste disposal
facilities, to be open to the public for the deposit of used and scrap tires.
The Department may establish an incentives program for individuals to encourage
them to return their used or scrap tires to a scrap tire collection center.

(a) Each county is responsible for providing for the
disposal of scrap tires located within its boundaries in accordance with the
provisions of this Part and any rules issued pursuant to this Part. The following
are permissible methods of scrap tire disposal:

(1) Incinerating;

(2) Retreading;

(3) Constructing crash barriers;

(4) Controlling soil erosion when whole tires are not
used;

(5) Chopping or shredding;

(6) Grinding into crumbs for use in road asphalt, tire
derived fuel, and as raw material for other products;

(7) Slicing vertically, resulting in each scrap tire
being divided into at least two pieces;

(8) Sludge composting;

(9) Using for agriculture-related purposes;

(10) Chipping for use as an oyster cultch as approved by
rules adopted by the Marine Fisheries Commission;

(b) The Commission may adopt rules approving other
permissible methods of scrap tire disposal. Landfilling of whole scrap tires is
prohibited. The prohibition against landfilling whole tires applies to all
whole pneumatic rubber coverings, but does not apply to whole solid rubber
coverings.

(c) Units of local government may enter into joint
ventures or other cooperative efforts with other units of local government for
the purpose of disposing of scrap tires. Units of local government may enter
into leases or other contractual arrangements with units of local government or
private entities in order to dispose of scrap tires.

(d) Each county is responsible for developing a description
of scrap tire disposal procedures. These procedures shall be included in the
annual report required under G.S. 130A-309.09A. Further, any revisions to the
initial description of the scrap tire disposal procedures shall be forwarded to
the Department.

(e) A county shall provide, directly or by contract
with another unit of local government or private entity, at least one site for
scrap tire disposal for that county. The unit of local government or
contracting party may not charge a disposal fee for the disposal of scrap tires
except as provided in this subsection. A unit of local government or
contracting party may charge a disposal fee that does not exceed the cost of
disposing of the scrap tires only if:

(1) The scrap tires are new tires that are being
disposed of by their manufacturer because they do not meet the manufacturer's
standards for salable tires; or

(2) The scrap tires are delivered to a local government
scrap tire disposal site without an accompanying certificate required by G.S.
130A-309.58(f) that indicates that the tires originated in a county within
North Carolina.

(f) Every tire retailer or other person disposing of
scrap tires shall complete and sign a certification form prescribed by the
Department and distributed to each county, certifying that the tires were
collected in the normal course of business for disposal, the county in which
the tires were collected, and the number of tires to be disposed of. This form
also shall be completed and signed by the tire hauler, certifying that the load
contains the same tires that were received from the tire retailer or other
person disposing of scrap tires. The tire hauler shall present this
certification form to the tire processor or tire collector at the time of
delivery of the scrap tires for disposal, collection, or processing. Copies of
these certification forms shall be retained for a minimum of three years after
the date of delivery of the scrap tires.

(g) The provisions of subsection (f) of this section
do not apply to tires that are brought for disposal in quantities of five or
less by someone other than a tire collector, tire processor, or tire hauler. (1989, c. 784, s. 3; 1991, c. 221, s. 5; 1993, c. 548, s.
4; 1995 (Reg. Sess., 1996), c. 594, s. 22; 1997-209, s. 1; 2013-409, s. 4.)

§ 130A-309.59. Registration of tire haulers.

(a) Before engaging in the hauling of scrap tires in
this State, any tire hauler must register with the Department whereupon the
Department shall issue to the tire hauler a scrap tire hauling identification
number. A tire retailer licensed under G.S. 105-164.29 and solely engaged in
the hauling of scrap tires received by it in connection with the retail sale of
replacement tires is not required to register under this section.

(b) Each tire hauler shall furnish its hauling
identification number on all certification forms required under G.S. 130A-309.58(f).
Any tire retailer engaged in the hauling of scrap tires and not required by
subsection (a) of this section to be registered shall supply its merchant
identification number on all certification forms required by G.S. 130A-309.58(f).
(1989, c. 784, s. 3.)

§ 130A-309.60. Nuisance tire collection sites.

(a) On or after July 1, 1990, if the Department
determines that a tire collection site is a nuisance, it shall notify the
person responsible for the nuisance and request that the tires be processed or
removed within 90 days. If the person fails to take the requested action
within 90 days, the Department shall order the person to abate the nuisance
within 90 days. If the person responsible for the nuisance is not the owner of
the property on which the tire collection site is located, the Department may
order the property owner to permit abatement of the nuisance. If the person
responsible for the nuisance fails to comply with the order, the Department
shall take any action necessary to abate the nuisance, including entering the
property where the tire collection site is located and confiscating the scrap
tires, or arranging to have the scrap tires processed or removed.

(b) When the Department abates the nuisance pursuant
to subsection (a) of this section, the person responsible for the nuisance
shall be liable for the actual costs incurred by the Department for its
nuisance abatement activities and its administrative and legal expenses related
to the abatement. The Department may ask the Attorney General to initiate a
civil action to recover these costs from the person responsible for the
nuisance. Nonpayment of the actual costs incurred by the Department shall result
in the imposition of a lien on the owner's real property on which the tire
collection site is located.

(c) This section does not apply to any of the
following:

(1) A retail business premises where tires are sold if
no more than 500 scrap tires are kept on the premises at one time;

(2) The premises of a tire retreading business if no
more than 3,000 scrap tires are kept on the premises at one time;

(3) A premises where tires are removed from motor
vehicles in the ordinary course of business if no more than 500 scrap tires are
kept on the premises at one time;

(4) A solid waste disposal facility where no more than
60,000 scrap tires are stored above ground at one time if all tires received
for storage are processed, buried, or removed from the facility within one year
after receipt;

(5) A site where no more than 250 scrap tires are
stored for agricultural uses; and

(6) A construction site where scrap tires are stored
for use or used in road surfacing and construction of embankments.

(d) The descending order of priority for the
Department's abatement activities under subsection (a) of this section is as
follows:

(1) Tire collection sites determined by the Department
to contain more than 1,000,000 tires;

(2) Tire collection sites which constitute a fire
hazard or threat to public health;

(3) Tire collection sites in densely populated areas;
and

(4) Any other tire collection sites that are determined
to be a nuisance.

(e) This section does not change the existing
authority of the Department to enforce any existing laws or of any person to
abate a nuisance.

(f) As used in this section, "nuisance"
means an unreasonable danger to public health, safety, or welfare or to the
environment. (1989, c. 784, s. 3.)

§ 130A-309.61. Effect on local ordinances.

This Part preempts any local ordinance regarding the disposal
of scrap tires to the extent the local ordinance is inconsistent with this Part
or the rules adopted pursuant to this Part. (1989, c.
784, s. 3; 1993, c. 548, s. 5; 1997-209, s. 1.)

§ 130A-309.62. Fines and penalties.

Any person who knowingly hauls or disposes of a tire in
violation of this Part or the rules adopted pursuant to this Part shall be
assessed a civil penalty of fifty dollars ($50.00) per violation. Each tire
hauled or disposed of in violation of this Part or rules adopted pursuant to
this Part constitutes a separate violation.

(a) The Department may make grants to units of local
government to assist them in disposing of scrap tires. To administer the
grants, the Department shall establish procedures for applying for a grant and
the criteria for selecting among grant applicants. The criteria shall include
the financial ability of a unit of local government to provide for scrap tire
disposal, the severity of a unit of local government's scrap tire disposal
problem, the effort made by a unit of local government to ensure that only
tires generated in the normal course of business in this State are provided
free disposal, and the effort made by a unit of local government to provide for
scrap tire disposal within the resources available to it.

(b) A unit of local government is not eligible for a
grant under subsection (a) of this section unless its costs for disposing of
scrap tires for the six-month period preceding the date the unit of local
government files an application for a grant exceeded the amount the unit of
local government received during that period from the proceeds of the scrap
tire tax under G.S. 105-187.19. A grant to a unit of local government for scrap
tire disposal may not exceed the unit of local government's unreimbursed cost
for the six-month period.

(c) The Department may support a position to provide
local governments with assistance in developing and implementing scrap tire
management programs designed to complete the cleanup of nuisance tire collection
sites and prevent scrap tires generated from outside of the State from being
presented for free disposal in the State.

(d) The Department may clean up scrap tire collection
sites that the Department has determined are a nuisance. The Department may use
funds to clean up a nuisance tire collection site only if no other funds are
available for that purpose.

(e) The Department shall include in the report to be
delivered to the Environmental Review Commission on or before January 15 of
each year pursuant to G.S. 130A-309.06(c) a description of the implementation
of the North Carolina Scrap Tire Disposal Act under this Part for the fiscal
year ending the preceding June 30. The description of the implementation of the
North Carolina Scrap Tire Disposal Act shall include a list of the recipients
of grants under subsection (a) of this section and the amount of each grant for
the previous 12-month period. The report also shall include the amount of funds
used to clean up nuisance sites under subsection (d) of this section.

(f) It is the intent of the General Assembly to allow
the Department to satisfy grant obligations that extend beyond the end of the
fiscal year.

(g) The Department may adopt any rules necessary to
implement this section. (2013-360, s. 14.16(c).)

(a) No person shall knowingly place or dispose of a
used lead-acid battery in a landfill, incinerator, or in any waste-to-energy
facility. Any person may deliver a lead-acid battery to a battery retailer or
wholesaler, or to a secondary lead smelter, or to a collection or recycling
facility authorized under this Chapter or by the United States Environmental
Protection Agency.

(b) No battery retailer shall knowingly place or
dispose of a used lead-acid battery in a landfill, incinerator, or waste-to-energy
facility. Any battery retailer may deliver a used lead-acid battery to the
agent of a battery wholesaler or a secondary lead smelter, to a battery
manufacturer for delivery to a secondary lead smelter, or to a collection or
recycling facility authorized under this Chapter or by the United States
Environmental Protection Agency.

(c) Any person who knowingly places or disposes of a
lead-acid battery in violation of this section shall be assessed a civil
penalty of not more than fifty dollars ($50.00) per violation. Each battery
improperly disposed of shall constitute a separate violation.

(a) A person who sells or offers for sale lead-acid
batteries at retail in this State shall accept from customers, at the point of
transfer or sale, used lead-acid batteries of the type and in a quantity at
least equal to the number of new batteries purchased, if offered by customers.

(b) A person who sells or offers for sale lead-acid
batteries at retail in this State shall post written notice which must be at
least 8 1/2 inches by 11 inches in size and must contain the universal
recycling symbol and the following language:

(1) "It is illegal to improperly dispose of a
motor vehicle battery or other lead-acid battery."

(2) "Recycle your used batteries."

(3) "State law requires us to accept used motor
vehicle batteries or other lead-acid batteries for recycling in exchange for
new batteries purchased."

(c) Any person who fails to post the notice required
by subsection (b) of this section after receiving a written warning from the
Department to do so shall be assessed a civil penalty of not more than fifty
dollars ($50.00) per day for each day the person fails to post the required
notice.

(a) No person selling new lead-acid batteries at
wholesale shall refuse to accept from customers at the point of transfer, used
lead-acid batteries of the type and in a quantity at least equal to the number
of new batteries purchased, if offered by customers. A person accepting
batteries in transfer from a battery retailer shall be allowed a period not to
exceed 90 days to remove batteries from the retail point of collection.

(b) Any person who violates this section shall be
assessed a civil penalty of fifty dollars ($50.00) per violation. Each battery
refused by a wholesaler or not removed from the retail point of collection
within 90 days shall constitute a separate violation.

(a) The Department may inspect any place, building, or
premise subject to the provisions of G.S. 130A-309.71. The Department may
issue warnings to persons who fail to comply with the provisions of this Part.

(b) The provisions of this Part shall not be construed
to prohibit any person who does not sell lead-acid batteries from collecting
and recycling such batteries. (1991, c. 375, s. 2.)

§ 130A-309.74. Reserved for future codification purposes.

§ 130A-309.75. Reserved for future codification purposes.

§ 130A-309.76. Reserved for future codification purposes.

§ 130A-309.77. Reserved for future codification purposes.

§ 130A-309.78. Reserved for future codification purposes.

§ 130A-309.79. Reserved for future codification purposes.

Part 2D. Management of Discarded White Goods.

§ 130A-309.80. Findings and purpose.

The General Assembly finds that white goods are difficult to
dispose of, that white goods that contain chlorofluorocarbon refrigerants pose
a danger to the environment, and that it is in the best interest of the State
to require that chlorofluorocarbon refrigerants be removed from discarded white
goods. This Part therefore provides for the management of discarded white
goods. (1993, c. 471, s. 4.)

(a) Duty. - Each county is responsible for providing
at least one site for the collection of discarded white goods. It must also
provide for the disposal of discarded white goods and for the removal of
chlorofluorocarbon refrigerants from white goods. A county may contract with
another unit of local government or a private entity in accordance with Article
15 of Chapter 153A of the General Statutes to provide for the management of
discarded white goods or for the removal of chlorofluorocarbon refrigerants
from white goods.

(b) Restrictions. - A unit of local government or a
contracting party may not charge a disposal fee for the disposal of white
goods. A white good may not be disposed of in a landfill, an incinerator, or a
waste-to-energy facility.

Article 5C of Chapter 105 of the General Statutes imposes a
tax on new white goods to provide funds for the management of discarded white
goods. A county must use the proceeds of the tax distributed to it under that
Article for the management of discarded white goods. The purposes for which a
county may use the tax proceeds include, but are not limited to, the following:

(3) The cleanup of illegal white goods disposal sites,
the cleanup of illegal disposal sites consisting of more than fifty percent
(50%) discarded white goods, and, as to those illegal disposal sites consisting
of fifty percent (50%) or less discarded white goods, the cleanup of the
discarded white goods portion of the illegal disposal sites.

Except as provided in subdivision (3) of this section, a
county may not use the tax proceeds for a capital improvement or operating
expense that does not directly relate to the management of discarded white
goods. Except as provided in subdivision (3) of this section, if a capital
improvement or operating expense is partially related to the management of
discarded white goods, a county may use the tax proceeds to finance a
percentage of the costs equal to the percentage of the use of the improvement
or expense directly related to the management of discarded white goods. (1993, c. 471, s. 4; 1998-24, ss. 4, 7; 2000-109, s. 9(a);
2001-265, s. 5.)

(a) The White Goods Management Account is established
within the Department.

(b) The Department shall use revenue in the Account to
make grants to units of local government to assist them in managing discarded
white goods. To administer the grants, the Department shall establish
procedures for applying for a grant and the criteria for selecting among grant
applicants. The criteria shall include the financial ability of a unit to
manage white goods, the severity of a unit's white goods management problem,
and the effort made by a unit to manage white goods within the resources
available to it.

(c) A unit of local government is not eligible for a
grant unless its costs of managing white goods for a six-month period preceding
the date the unit files an application for a grant exceeded the amount the unit
received during that period from the proceeds of the white goods disposal tax
under G.S. 105-187.24. The Department shall determine the six-month period to
be used in determining who is eligible for a grant. A grant to a unit may not
exceed the unit's unreimbursed cost for the six-month period.

(d) If a unit of local government anticipates that its
costs of managing white goods during a six-month period will exceed the amount
the unit will receive during that period because the unit will make a capital
expenditure for the management of white goods or because the unit will incur
other costs resulting from improvements to that unit's white goods management
program, the unit may request that the Department make an advance determination
that the costs are eligible to be paid by a grant from the White Goods
Management Account and that there will be sufficient funds available in the
Account to cover those costs. If the Department determines that the costs are
eligible for reimbursement and that funds will be available, the Department
shall reserve funds for that unit of local government in the amount necessary
to reimburse allowable costs. The Department shall notify the unit of its
determination and fund availability within 60 days of the request from the unit
of local government. This subsection applies only to capital expenditures for
the management of white goods and to costs resulting from improvements to a
unit's white goods management program. (1993, c. 471,
s. 4; 1995 (Reg. Sess., 1996), c. 594, s. 24; 1998-24, s. 7; 2000-109, s. 9(a);
2001-265, s. 5; 2013-360, s. 14.17(b), (e).)

§ 130A-309.84. Civil penalties for improper disposal.

The Department may assess a civil penalty of not more than
one hundred dollars ($100.00) against a person who, knowing it is unlawful,
places or otherwise disposes of a discarded white good in a landfill, an
incinerator, or a waste-to-energy facility. The Department may assess this
penalty for the day the unlawful disposal occurs and each following day until
the white good is disposed of properly.

The Department may assess a penalty of up to one hundred
dollars ($100.00) against a person who, knowing it is required, fails to remove
chlorofluorocarbon refrigerants from a discarded white good. The Department may
assess this penalty for the day the failure occurs and each following day until
the chlorofluorocarbon refrigerants are removed.

The Department shall include in the report to be delivered to
the Environmental Review Commission on or before 15 January of each year
pursuant to G.S. 130A-309.06(c) a description of the management of white goods
in the State for the fiscal year ending the preceding 30 June. The description
of the management of white goods shall include the following information:

(1) The amount of taxes collected and distributed under
G.S. 105-187.24 during the period covered by the report.

(2) The cost to each county of managing white goods
during the period covered by the report.

(3) (Repealed effective June 20, 2017) The
beginning and ending balances of the White Goods Management Account for the
period covered by the report and a list of grants made from the Account for the
period.

(4) Any other information the Department considers
helpful in understanding the problem of managing white goods.

This Part preempts any local ordinance regarding the
management of white goods that is inconsistent with this Part or the rules
adopted pursuant to this Part. It does not preempt any local ordinance
regarding the management of white goods that is consistent with this Part or
rules adopted pursuant to this Part. (1993, c. 471, s.
4.)

§ 130A-309.87. Eligibility for disposal tax proceeds.

(a) Receipt of Funds. - A county may not receive a
quarterly distribution of the white goods disposal tax proceeds under G.S. 105-187.24
unless the undesignated balance in the county's white goods account at the end
of its fiscal year is less than the threshold amount. Based upon the
information in a county's Annual Financial Information Report, the Department
must notify the Department of Revenue by March 1 of each year which counties
may not receive a distribution of the white goods disposal tax for the current
calendar year. The Department of Revenue will credit the undistributed tax
proceeds to the General Fund.

If the undesignated balance in a county's white goods account
subsequently falls below the threshold amount, the county may submit a
statement to the Department, certified by the county finance officer, that the
undesignated balance in its white goods account is less than the threshold
amount. Upon receipt of the statement, the Department will notify the
Department of Revenue to distribute to the county its quarterly distribution of
the white goods disposal tax proceeds. The Department must notify the
Department of Revenue of the county's change of status at least 30 days prior
to the next quarterly distribution.

For the purposes of this subsection, the term "threshold
amount" means twenty-five percent (25%) of the amount of white goods
disposal tax proceeds a county received, or would have received if it had been
eligible to receive them under G.S. 130A-309.87, during the preceding fiscal
year.

(b) Annual Financial Information Report. - On or
before November 1 of each year, a county must submit a copy of its Annual
Financial Information Report, prepared in accordance with G.S. 159-33.1, to the
Department. The Secretary of the Local Government Commission must require the
following information in that report:

(1) The tonnage of white goods scrap metal collected.

(2) (Effective until June 30, 2017) The amount
of revenue credited to its white goods account. This revenue should include all
receipts derived from the white goods disposal tax, the sale of white goods
scrap metals and freon, and a grant from the White Goods Management Account.

(2) (Effective June 30, 2017) The amount of
revenue credited to its white goods account. This revenue should include all
receipts derived from the white goods disposal tax, and the sale of white goods
scrap metals and freon.

(3) The expenditures from its white goods account. The
expenditures should include operating expenses and capital improvement costs
associated with its white goods management program.

(4) The designated and undesignated balance of its
white goods account.

(5) A comparison of the undesignated balance of its
white goods account at the end of the fiscal year and the amount of white goods
disposal tax proceeds it received, or would have received if it had been
eligible to receive it under G.S. 130A-309.87, during the fiscal year. (1998-24, s. 6; 2013-360, s. 14.17(c), (g).)

The purpose of this Part is to provide units of local
government with the authority, funding, and guidance needed to provide for the
efficient and proper identification, deconstruction, recycling, and disposal of
abandoned manufactured homes in this State. (2008-136,
s. 1.)

§ 130A-309.112. (Expires October 1, 2023) Definitions.

The following definitions apply to this Part:

(1) "Abandoned manufactured home" means a
manufactured home or mobile classroom that is both:

a. Vacant or in need of extensive repair.

b. An unreasonable danger to public health, safety,
welfare, or the environment.

(2) "Intact" when used in connection with
"abandoned manufactured home" means an abandoned manufactured home
from which the wheels and axles, white goods, and recyclable materials have not
been removed.

(a) Plan. - Each county shall consider whether to
implement a program for the management of abandoned manufactured homes. If at
any time the county decides to implement a program, the county shall develop a
written plan for the management of abandoned manufactured homes. This plan
shall be included in the annual report required under G.S. 130A-309.09A. At a
minimum, the plan shall include:

(1) A method by which the county proposes to identify
abandoned manufactured homes in the county, including, without limitation, a
process by which manufactured home owners or other responsible parties may
request designation of their home as an abandoned manufactured home.

(2) A plan for the deconstruction of these abandoned
manufactured homes.

(3) A plan for the removal of the deconstructed
components, including mercury switches from thermostats, for reuse or
recycling, as appropriate.

(4) A plan for the proper disposal of abandoned
manufactured homes that are not deconstructed under subdivision (2) of this
subsection.

(b) Authority to Contract. - A county may contract
with another unit of local government or a private entity in accordance with
Article 15 of Chapter 153A of the General Statutes to provide for the
management of abandoned manufactured homes within the county and the implementation
of its plan under subsection (a) of this section.

(c) Fee Authority. - A unit of local government or a
party that contracted with the county under subsection (b) of this section may
charge a disposal fee for the disposal of any abandoned manufactured home at a
landfill pursuant to this Part.

(d) An intact abandoned manufactured home shall not be
disposed of in a landfill. (2008-136, s. 1; 2013-409,
s. 6.)

(a) If a county adopts and implements a plan for the
management of abandoned manufactured homes pursuant to this Part, the county
shall notify the responsible party and the owner of the property on whose land
the abandoned manufactured home is located for each identified abandoned
manufactured home in the county that the abandoned manufactured home must be
properly disposed of by the responsible party within 90 days. The notice shall
be in writing and shall be served on the person as provided by Rule 4(j) of the
Rules of Civil Procedure, G.S. 1A-1. The notice shall disclose the basis for
the action and advise that a hearing will be held before a designated public
officer at a place within the county in which the manufactured home is located
not less than 10 days nor more than 30 days after the serving of the notice;
that the responsible party shall be given the right to file an answer to the
order and to appear in person, or otherwise, and give testimony at the place
and time fixed in the notice; and that the rules of evidence prevailing in
courts of law or equity shall not be controlling in hearings before the public
officer.

(b) If, after notice and hearing, the public officer
determines that the manufactured home under consideration is abandoned, the
officer shall state in writing the officer's findings of fact in support of
that determination, and the county shall order the responsible party to dispose
of the abandoned manufactured home within 90 days of the expiration of this
period. If the responsible party fails to comply with this order, the county
shall take any action it deems reasonably necessary to dispose of the abandoned
manufactured home, including entering the property where the abandoned
manufactured home is located and arranging to have the abandoned manufactured
home deconstructed and disposed of in a manner consistent with the plan
developed under G.S. 130A-309.113(a). If the responsible party is not the owner
of the property on which the abandoned manufactured home is located, the county
may order the property owner to permit entry onto the owner's property by an
appropriate party to permit the removal and proper disposal of the abandoned
manufactured home.

(c) When a county removes, deconstructs, and disposes
of an abandoned manufactured home pursuant to this section, whether directly or
through a party that contracted with the county, the responsible party shall be
liable for the actual costs incurred by the county, directly or indirectly, for
its abatement activities and its administrative and legal expenses incurred,
less the amount of grants for reimbursement received by the county under G.S.
130A-309.115 for the disposal activities for that manufactured home. The county
may initiate a civil action to recover these unpaid costs from the responsible
party. Nonpayment of any portion of the actual costs incurred by the county
shall result in the imposition of a lien on any real property in the county
owned by the responsible party.

(d) This section does not apply to any of the following:

(1) A retail business premises where manufactured homes
are sold.

(2) A solid waste disposal facility where no more than
10 manufactured homes are stored at one time if all of the manufactured homes
received for storage are deconstructed or removed from the facility within one
year after receipt.

(e) This section does not change the existing
authority of a county or a municipality to enforce any existing laws or of any
person to abate a nuisance. (2008-136, s. 1.)

§ 130A-309.115. (Expires October 1, 2023) Grants to local
governments.

(a) The Department shall use funds from the Solid
Waste Trust Fund established by G.S. 130A-309.12 to:

(1) Provide grants to counties to reimburse their
expenses for activities under this Part.

(2) Provide technical assistance and support to
counties to achieve the purposes of this Part.

(3) Implement this Part, including costs associated
with staffing, training, submitting reports, and fulfilling program goals.

(b) Each county that requests a reimbursement grant
from the Department shall also submit to the Department a proposed budget
specifying in detail the expenses it expects to incur in a specified time
period in connection with the activities under this Part. The Department shall
review each submitted budget and make modifications, if necessary, in light of
the availability of funds, the county's capacity to effectively and efficiently
manage the abatement of abandoned manufactured homes, and any other factors that
the Department reasonably determines are relevant. When the Department and a
county agree on the amount of the county's budget under this subsection, the
Department and the county shall execute an agreement that reflects this amount
and that specifies the time period covered by the agreement, and the Department
shall reserve funds for the county in the amount necessary to reimburse
allowable costs. The amount of a reimbursement grant shall be calculated in
accordance with subsections (c) and (d) of this section. A county shall not
receive a reimbursement grant unless it has filed all the annual reports it is
required to submit under G.S. 130A-309.117.

(c) Reimbursement grants shall be made in accordance
with the terms of the grant agreement developed pursuant to subsection (b) of
this section, but in any event, all reimbursements shall be calculated on a per-unit
basis and based on the actual cost of such activities, not to exceed one
thousand dollars ($1,000) for each unit. For a county designated as a development
tier one or two area pursuant to G.S. 143B-437.08 where the costs associated
with the disposition of an abandoned manufactured home in a manner consistent
with this Part exceed one thousand dollars ($1,000) per unit, a county may
request a supplemental grant in an amount equal to fifty percent (50%) of the
amount in excess of one thousand dollars ($1,000). The Department shall
consider the efficiency and effectiveness of the county program in making the
supplemental grant, and the county participation must be a cash match.

(d) A county shall use reimbursement grant funds only
for operating expenses that are directly related to the management of abandoned
manufactured homes. If an operating expense is partially related to the
management of abandoned manufactured homes, a county may use the reimbursement
grant funds to finance the percentage of the cost that equals the percentage of
the expense that is directly related to the management of abandoned
manufactured homes. (2008-136, s. 1.)

(a) On or before 1 August of each year, any county
that receives a reimbursement grant under G.S. 130A-309.115 shall submit a
report to the Department that includes all of the following information:

(1) The number of units and approximate tonnage of
abandoned manufactured homes removed, deconstructed, recycled, and disposed of
during the previous fiscal year.

(2) A detailed statement of the county's abandoned manufactured
homes account receipts and disbursements during the previous fiscal year that
sets out the source of all receipts and the purpose of all disbursements.

(3) The obligated and unobligated balances in the
county's abandoned manufactured homes account at the end of the fiscal year.

(4) An assessment of the county's progress in removing,
deconstructing, recycling, and disposing of abandoned manufactured homes
consistent with this Part.

(b) The Department shall include in its annual report
to the Environmental Review Commission under G.S. 130A-309.06(c) a description
of the management of abandoned manufactured homes in the State for the fiscal
year ending the preceding 30 June. The description of the management of
abandoned manufactured homes shall include all of the following information:

(1) The cost to each county of managing its abandoned
manufactured home program during the reporting period.

(2) The beginning and ending balances of the Solid
Waste Management Trust Fund for the reporting period and a list of grants made
from the Fund for the period, itemized by county.

(3) A summary of the information contained in the
reports submitted by counties pursuant to subsection (a) of this section.

(4) Any other information the Department considers
helpful in understanding the problem of managing abandoned manufactured homes
in the State. (2008-136, s. 1.)

§ 130A-309.118. (Expires October 1, 2023) Effect on local
ordinances.

This Part shall not be construed to limit the authority of
counties under Article 18 of Chapter 153A of the General Statutes or the
authority of cities under Article 19 of Chapter 160A of the General Statutes. (2008-136, s. 1.)

§ 130A-309.119: Reserved for
future codification purposes.

Part 2G. Plastic Bag Management.

§ 130A-309.120. Findings.

The General Assembly makes the following findings:

(1) Distribution of plastic bags by retailers to
consumers for use in carrying, transporting, or storing purchased goods has a
detrimental effect on the environment of the State.

(2) Discarded plastic bags contribute to overburdened
landfills, threaten wildlife and marine life, degrade the beaches and other
natural landscapes of North Carolina's coast, and, in many cases, require
consumption of oil and natural gas during the manufacturing process.

(3) It is in the best interest of the citizens of this
State to gradually reduce the distribution and use of plastic bags.

(4) Environmental degradation is especially burdensome
in counties with barrier islands where soundside and ocean pollution are more
significant, where removing refuse from such isolated places is more difficult
and expensive, where such refuse deters tourism, and where the presence of a
National Wildlife Refuge or National Seashore shows that the federal government
places special value on protecting the natural environment in that vicinity.

(5) The barrier islands are most relevant in that they
are where sea turtles come to nest. North Carolina has some of the most
important sea turtle nesting areas on the East Coast, due to the proximity of
the islands to the Gulf Stream. Plastic bag debris can be harmful to sea
turtles and other land and marine life. The waters adjacent to the barrier
islands, because they serve as habitat for the turtles, are particularly
sensitive to waterborne debris pollution.

(6) Inhabitated barrier islands are visited by a high
volume of tourists and therefore experience a high consumption of bags relative
to their permanent population due to large numbers of purchases from
restaurants, groceries, beach shops, and other retailers by the itinerant
tourist population.

(7) Barrier islands are small and narrow, and therefore
the comparative impact of plastic bags on the barrier islands is high. (2009-163, s. 1.)

§ 130A-309.121. Definitions.

As used in this Part, the following definitions apply:

(1) Plastic bag. - A carryout bag composed primarily of
thermoplastic synthetic polymeric material, which is provided by a store to a
customer at the point of sale and incidental to the purchase of other goods.

(2) Prepared foods retailer. - A retailer primarily
engaged in the business of selling prepared foods, as that term is defined in
G.S. 105-164.3, to consumers.

(2a) Recycled content. - Content that is either
postconsumer, postindustrial, or a mix of postconsumer and postindustrial.

(3) Recycled paper bag. - A paper bag that meets all of
the following requirements:

a. The bag is manufactured from at least forty percent
(40%) recycled content.

b. The bag displays the words "made from recycled
material" and "recyclable."

(5) Retailer. - A person who offers goods for sale in
this State to consumers and who provides a single-use plastic bag to the
consumer to carry or transport the goods for free or for a nominal charge.

(6) Reusable bag. - A bag with handles that is
specifically designed and manufactured for multiple reuse and is made of one of
the following materials:

a. Nonwoven polypropylene or other plastic material
with a minimum weight of 80 grams per square meter.

No retailer shall provide customers with plastic bags unless
the bag is a reusable bag, or the bag is used solely to hold sales to an
individual customer of otherwise unpackaged portions of the following items:

(1) Fresh fish or fresh fish products.

(2) Fresh meat or fresh meat products.

(3) Fresh poultry or fresh poultry products.

(4) Fresh produce. (2009-163,
s. 1.)

§ 130A-309.123. Substitution of paper bags restricted.

(a) A retailer subject to G.S. 130A-309.122 may
substitute paper bags for the plastic bags banned by that section, but only if
all of the following conditions are met:

(1) The paper bag is a recycled paper bag.

(2) The retailer offers a cash refund to any customer
who uses the customer's own reusable bags instead of the bags provided by the
retailer. The amount of the refund shall be equal to the cost to the retailer
of providing a recycled paper bag, multiplied by the number of reusable bags
filled with the goods purchased by the customer. For purposes of this
subdivision, "cash refund" includes a credit against the cost of
goods purchased.

(b) Nothing in this Part shall prevent a retailer from
providing customers with reused packaging materials originally used for goods
received from the retailer's wholesalers or suppliers.

(c) Notwithstanding subsection (a) of this section, a
prepared foods retailer may package prepared foods in a recycled paper bag,
regardless of the availability of a reusable bag, in order to comply with food
sanitation or handling standards or best practices. (2009-163,
s. 1; 2010-31, s. 13.10(b); 2010-123, s. 5.2(a).)

§ 130A-309.124. Required signage.

A retailer subject to G.S. 130A-309.122 other than a prepared
foods retailer shall display a sign in a location viewable by customers
containing the following notice: "[county name] County discourages the use
of single-use plastic and paper bags to protect our environment from excess
litter and greenhouse gases. We would appreciate our customers using reusable
bags, but if you are not able to, a 100% recycled paper bag will be furnished
for your use." The name of the county where the retailer displaying the
sign is located should be substituted for "[county name]" in the
language set forth in this section. (2009-163, s. 1.)

§ 130A-309.125. Applicability.

(a) This Part applies only in a county which includes
a barrier island or barrier peninsula, in which the barrier island or peninsula
meets both of the following conditions:

(1) It has permanent inhabitation of 200 or more
residents and is separated from the North Carolina mainland by a sound.

(2) It contains either a National Wildlife Refuge or a
portion of a National Seashore.

(b) Within any county covered by subsection (a) of this
section, this Part applies only to an island or peninsula that both:

(1) Is bounded on the east by the Atlantic Ocean.

(2) Is bounded on the west by a coastal sound. (2009-163, s. 1.)

Part 2H. Discarded Computer Equipment and Television Management.

§ 130A-309.130. Findings.

The General Assembly makes the following findings:

(1) The computer equipment and television waste stream
is growing rapidly in volume and complexity and can introduce toxic materials
into solid waste landfills.

(2) It is in the best interest of the citizens of this
State to have convenient, simple, and free access to recycling services for
discarded computer equipment and televisions.

(3) Collection programs operated by manufacturers and
local government and nonprofit agencies are an efficient way to divert
discarded computer equipment and televisions from disposal and to provide
recycling services to all citizens of this State.

(4) The development of local and nonprofit collection
programs is hindered by the high costs of recycling and transporting discarded
computer equipment and televisions.

(5) No comprehensive system currently exists, provided
either by electronics manufacturers, retailers, or others, to adequately serve
all citizens of the State and to divert large quantities of discarded computer
equipment and televisions from disposal.

(6) Manufacturer responsibility is an effective way to
ensure that manufacturers of computer equipment and televisions take part in a
solution to the electronic waste problem.

(7) The recycling of certain discarded computer
equipment and televisions recovers valuable materials for reuse and will create
jobs and expand the tax base of the State.

(8) While some computers and computer monitors can be
refurbished and reused and other consumer electronics products contain valuable
materials, some older and bulkier consumer electronic products, including some
televisions, may not contain any valuable products but should nevertheless be
recycled to prevent the release of toxic substances to the environment.

(9) For the products covered by this Part, differences
in product life expectancy, market economics, residual value, and product
portability necessitate different approaches to recycling.

(10) In order to ensure that end-of-life computer
equipment and televisions are responsibly recycled, to promote conservation,
and to protect public health and the environment, a comprehensive and
convenient system for recycling and reuse of certain electronic equipment
should be established on the basis of shared responsibility among
manufacturers, retailers, consumers, and the State. (2010-67,
s. 2(a).)

§ 130A-309.131. Definitions.

As used in this Part, the following definitions apply:

(1) Business entity. - Defined in G.S. 55-1-40(2a).

(1a) Computer. - An electronic, magnetic, optical,
electrochemical, or other high-speed data processing device that has all of the
following features:

a. Performs logical, arithmetic, and storage functions
for general purpose needs that are met through interaction with a number of
software programs contained in the computer.

b. Is not designed to exclusively perform a specific
type of limited or specialized application.

c. Achieves human interface through a keyboard,
display unit, and mouse or other pointing device.

d. Is designed for a single user.

(2) Computer equipment. - Any computer, monitor or
video display unit for a computer system, and the peripheral equipment except
keyboards and mice, and a printing device such as a printer, a scanner, a
combination print-scanner-fax machine, or other device designed to produce hard
paper copies from a computer. Computer equipment does not include an automated
typewriter, professional workstation, server, ICI device, ICI system, mobile
telephone, portable handheld calculator, portable digital assistant (PDA), MP3
player, or other similar device; an automobile; a television; a household
appliance; a large piece of commercial or industrial equipment, such as
commercial medical equipment, that contains a cathode ray tube, a cathode ray
tube device, a flat panel display, or similar video display device that is
contained within, and is not separate from, the larger piece of equipment, or
other medical devices as that term is defined under the federal Food, Drug, and
Cosmetic Act.

(3) Computer equipment manufacturer. - A person that
manufactures or has manufactured computer equipment sold under its own brand or
label; sells or has sold under its own brand or label computer equipment
produced by other suppliers; imports or has imported into the United States
computer equipment that was manufactured outside of the United States; or owns
or has owned a brand that it licenses or has licensed to another person for use
on computer equipment. Computer equipment manufacturer includes a business entity
that acquires another business entity that manufactures or has manufactured
computer equipment. Computer equipment manufacturer does not include any
existing person that does not and has not manufactured computer equipment of
the type that would be used by consumers.

(4) Consumer. - Any of the following:

a. An occupant of a single detached dwelling unit or a
single unit contained within a multiple dwelling unit who used a covered device
primarily for personal or home business use.

b. A nonprofit organization with fewer than 10
employees that used a covered device in its operations.

(5) Covered device. - Computer equipment and
televisions used by consumers primarily for personal or home business use. The
term does not include a device that is any of the following:

a. Part of a motor vehicle or any component of a motor
vehicle assembled by, or for, a vehicle manufacturer or franchised dealer,
including replacement parts for use in a motor vehicle.

b. Physically a part of or integrated within a larger
piece of equipment designed and intended for use in an industrial,
governmental, commercial, research and development, or medical setting.

c. Equipment used for diagnostic, monitoring, or other
medical products as that term is defined under the federal Food, Drug, and
Cosmetic Act.

(8) Discarded computer equipment or television
collector. - A municipal or county government, nonprofit agency, recycler, or
retailer that knowingly accepts for recycling discarded computer equipment or a
television from a consumer.

(9) Discarded television. - A television that is solid
waste generated by a consumer.

(9a) Electronic device. - Machinery that is powered by a
battery or an electrical cord.

(10) Market share. - A television manufacturer's
obligation to recycle discarded televisions. A television manufacturer's market
share is the television manufacturer's prior year's sales of televisions as
calculated by the Department pursuant to G.S. 130A-309.138(4) divided by all
manufacturers' prior year's sales for all televisions as calculated by the
Department pursuant to G.S. 130A-309.138(4). Market share may be expressed as a
percentage, a fraction, or a decimal fraction.

(13) Recycle. - The processing, including disassembling,
dismantling, and shredding, of covered devices or their components to recover a
usable product. Recycle does not include any process that results in the
incineration of a covered device.

(14) Recycler. - A person that recycles covered devices.

(15) Retailer. - A person that sells computer equipment
or televisions in the State to a consumer. Retailer includes a computer
equipment manufacturer or a television manufacturer that sells directly to a
consumer through any means, including transactions conducted through sales
outlets, catalogs, the Internet, or any similar electronic means, but does not
include a person that sells computer equipment or televisions to a distributor
or retailer through a wholesale transaction.

(16) Television. - Any electronic device that contains a
tuner that locks on to a selected carrier frequency and is capable of receiving
and displaying of television or video programming via broadcast, cable, or
satellite, including, without limitation, any direct view or projection
television with a viewable screen of nine inches or larger whose display
technology is based on cathode ray tube (CRT), plasma, liquid crystal display
(LCD), digital light processing (DLP), liquid crystal on silicon (LCOS),
silicon crystal reflective display (SXRD), light emitting diode (LED), or
similar technology marketed and intended for use by a consumer primarily for
personal purposes. The term does not include computer equipment.

(17) Television manufacturer. - A person that: (i)
manufactures for sale in this State a television under a brand that it licenses
or owns; (ii) manufactures for sale in this State a television without affixing
a brand; (iii) resells into this State a television under a brand it owns or
licenses produced by other suppliers, including retail establishments that sell
a television under a brand that the retailer owns or licenses; (iv) imports
into the United States or exports from the United States a television for sale
in this State; (v) sells at retail a television acquired from an importer that
is the manufacturer as described in sub-subdivision (iv) of this subdivision,
and the retailer elects to register in lieu of the importer as the manufacturer
of those products; (vi) manufactures a television for or supplies a television
to any person within a distribution network that includes wholesalers or
retailers in this State and that benefits from the sale in this State of the
television through the distribution network; or (vii) assumes the
responsibilities and obligations of a television manufacturer under this Part.
In the event the television manufacturer is one that manufactures, sells, or
resells under a brand it licenses, the licensor or brand owner of the brand
shall not be considered to be a television manufacturer under (i) or (iii) of
this subdivision. (2010-67, s. 2(a); 2010-180, s. 20;
2015-1, s. 2(d).)

In addition to the specific requirements of this Part,
discarded computer equipment and television collectors and computer equipment
manufacturers and television manufacturers share responsibility for the
recycling of discarded computer equipment and televisions and the education of
citizens of the State as to recycling opportunities for discarded computer
equipment and televisions. (2010-67, s. 2(a).)

§ 130A-309.133. Data security.

Computer equipment manufacturers, television manufacturers,
discarded computer equipment and television collectors, recyclers, and
retailers shall not be liable in any way for data or other information left on
a covered device that is collected or recovered pursuant to the provisions of
this Part. (2010-67, s. 2(a).)

(a) Registration Required. - Each computer equipment
manufacturer, before selling or offering for sale computer equipment in North
Carolina, shall register with the Department.

(b) Manufacturer Label Required. - A computer
equipment manufacturer shall not sell or offer to sell computer equipment in
this State unless a visible, permanent label clearly identifying the
manufacturer of that equipment is affixed to the equipment.

(c) Computer Equipment Recycling Plan Required. - Each
computer equipment manufacturer shall develop, submit to the Department, and
implement one of the following plans to provide a free and reasonably
convenient recycling program to take responsibility for computer equipment
discarded by consumers:

(1) Level I recycling plan. - A computer equipment
manufacturer shall submit a recycling plan for reuse or recycling of computer
equipment discarded by consumers in the State produced by the manufacturer. The
manufacturer shall submit a proposed plan to the Department within 90 days of
registration as required by subsection (a) of this section. The plan shall:

a. Provide that the manufacturer will take
responsibility for computer equipment discarded by consumers that it
manufactured.

b. Describe any direct take-back program to be
implemented by the manufacturer. Collection methods that are deemed to meet the
requirements of this subdivision include one or more of the following:

1. A process offered by the computer equipment
manufacturer or the manufacturer's designee for consumers to return discarded
computer equipment by mail.

2. A physical collection site operated and maintained
by the computer equipment manufacturer or the manufacturer's designee to
receive discarded computer equipment from consumers, which is available to
consumers during normal business hours.

3. A collection event hosted by the computer equipment
manufacturer or the manufacturer's designee at which a consumer may return
computer equipment.

c. Include a detailed description as to how the
manufacturer will implement the plan.

e. Include a consumer recycling education program on
the laws governing the recycling and reuse of discarded computer equipment
under this Part and on the methods available to consumers to comply with those
requirements. The manufacturer shall operate a toll-free telephone number to
answer questions from consumers about computer recycling options.

(2) Level II recycling plan. - A computer equipment
manufacturer shall submit a recycling plan for reuse or recycling of computer
equipment discarded by consumers in the State produced by the manufacturer and
by other manufacturers. The manufacturer shall submit a proposed plan to the
Department within 90 days of registration as required by subsection (a) of this
section. The plan may offer additional options to collect other types of
electronic equipment that do not constitute discarded computer equipment, as
that term is defined under G.S. 130A-309.131, and may allow for assessment of a
nominal fee for collection of these other types of electronic equipment that
are not discarded computer equipment. The plan shall include all of the
elements set forth in subdivision (1) of subsection (c) of this section. In
addition the plan shall:

a. Provide that the manufacturer will take
responsibility for computer equipment discarded by consumers that was
manufactured by other manufacturers, as well as computer equipment that it
manufactured.

b. Provide that the manufacturer shall: (i) maintain
physical collection sites to receive discarded computer equipment from
consumers in the 10 most populated municipalities in the State. The physical
collection sites shall be available to consumers during normal business hours, at
a minimum; and (ii) host at least two collection events annually within the
State.

(3) Level III recycling plan. - A computer equipment
manufacturer shall submit a recycling plan for reuse or recycling of computer
equipment discarded by consumers in the State produced by the manufacturer and
by other manufacturers. The manufacturer shall submit a proposed plan to the
Department within 90 days of registration as required by subsection (a) of this
section. The plan may offer additional options to collect other types of
electronic equipment that do not constitute discarded computer equipment, as
that term is defined under G.S. 130A-309.131, and may allow for assessment of a
nominal fee for collection of these other types of electronic equipment that
are not discarded computer equipment. The plan shall include all of the
elements set forth in subdivision (1) of subsection (c) of this section. In
addition the plan shall:

a. Provide that the manufacturer will take
responsibility for computer equipment discarded by consumers that was
manufactured by other manufacturers, as well as computer equipment that it
manufactured.

b. Provide that the manufacturer shall: (i) maintain
physical collection sites to receive discarded computer equipment from
consumers in 50 of the State's counties, of which 10 of those counties shall be
the most populated counties in the State. The physical collection sites shall
be available to consumers during normal business hours, at a minimum; and (ii)
host at least two collection events annually within the State.

(d) Fee Required. - Within 90 days of registration as
required in subsection (a) of this section, a computer equipment manufacturer
shall pay an initial registration fee to the Department. A computer equipment
manufacturer that has registered shall pay an annual renewal registration fee
to the Department, which shall be paid each year no later than July 1. The
proceeds of these fees shall be credited to the Electronics Management Fund
established pursuant to G.S. 130A-309.137. A computer equipment manufacturer
that sells 1,000 items of computer equipment or fewer per year is exempt from
the requirement to pay the registration fee and the annual renewal fee imposed
by this subsection. The amount of the fee a computer equipment manufacturer
shall pay shall be determined on the basis of the plan the manufacturer
develops, submits, and implements pursuant to subsection (c) of this section,
as follows:

(1) A computer equipment manufacturer who develops,
submits, and implements a Level I recycling plan pursuant to subdivision (1) of
subsection (c) of this section shall pay an initial registration fee of fifteen
thousand dollars ($15,000) and an annual renewal fee of fifteen thousand
dollars ($15,000) to the Department.

(2) A computer equipment manufacturer who develops,
submits, and implements a Level II recycling plan pursuant to subdivision (2)
of subsection (c) of this section shall pay an initial registration fee of ten
thousand dollars ($10,000) and an annual renewal fee of seven thousand five
hundred dollars ($7,500) to the Department.

(3) A computer equipment manufacturer who develops,
submits, and implements a Level III recycling plan pursuant to subdivision (3)
of subsection (c) of this section shall pay an initial registration fee of ten
thousand dollars ($10,000) and an annual renewal fee of two thousand five
hundred dollars ($2,500) to the Department.

(e) Computer Equipment Recycling Plan Revision. - A
computer equipment manufacturer may prepare a revised plan and submit it to the
Department at any time as the manufacturer considers appropriate in response to
changed circumstances or needs. The Department may require a manufacturer to
revise or update a plan if the Department finds that the plan is inadequate or
out of date.

(f) Payment of Costs for Plan Implementation. - Each
computer equipment manufacturer is responsible for all costs associated with
the development and implementation of its plan. A computer equipment
manufacturer shall not collect a fee from a consumer or a local government for
the management of discarded computer equipment at the time the equipment is
delivered for recycling.

(g) Joint Computer Equipment Recycling Plans. - A
computer equipment manufacturer may fulfill the requirements of subsection (c)
of this section by participation in a joint recycling plan with other
manufacturers. A joint plan shall meet the requirements of subsection (c) of
this section.

(h) Annual Report. - Each computer equipment
manufacturer shall submit a report to the Department by October 1 of each year
stating the total weight of all computer equipment collected for recycling or
reuse in the previous fiscal year. The report shall also include a summary of
actions taken to comply with the requirements of subsection (c) of this
section. (2010-67, s. 2(a).)

§ 130A-309.135. Requirements for television manufacturers.

(a) Registration and Fee Required. - Each television
manufacturer, before selling or offering for sale televisions in the State,
shall register with the Department and, at the time of registration, shall pay
an initial registration fee of two thousand five hundred dollars ($2,500) to
the Department. An initial registration shall be valid from the day of
registration through the last day of the fiscal year in which the registration
fee was paid. A television manufacturer that has registered shall pay an annual
renewal registration fee of two thousand five hundred dollars ($2,500) to the
Department. The annual renewal registration fee shall be paid to the Department
each fiscal year no later than June 30 of the previous fiscal year. The
proceeds of these fees shall be credited to the Electronics Management Fund. A
television manufacturer that sells 1,000 televisions or fewer per year is
exempt from the requirement to pay the registration fee and the annual renewal
fee imposed by this subsection.

(b) Manufacturer Label Required. - A television
manufacturer shall not sell or offer to sell any television in this State
unless a visible, permanent label clearly identifying the manufacturer of that
device is affixed to the equipment.

(c) Recycling of Market Share Required. - The
obligation to recycle televisions shall be allocated to each television
manufacturer based on the television manufacturer's market share. A television
manufacturer must annually recycle or arrange for the recycling of its market
share of televisions pursuant to this section.

(d) Due Diligence and Compliance Assessments. - A
television manufacturer shall conduct and document due diligence assessments of
the recyclers the manufacturer contracts with, including an assessment of
compliance with environmentally sound recovery standards adopted by the
Department.

(e) Contact Information Required. - A television
manufacturer shall provide the Department with contact information for the
manufacturer's designated agent or employee whom the Department may contact for
information related to the manufacturer's compliance with the requirements of
this section.

(f) Joint Television Recycling Plans. - A television
manufacturer may fulfill the requirements of this section either individually
or in participation with other television manufacturers.

(g) Annual Report. - A television manufacturer shall
report to the Department by October 1 of each year the total weight of
televisions the manufacturer collected and recycled in the State during the
previous fiscal year. (2010-67, s. 2(a).)

§ 130A-309.136. Requirements applicable to retailers.

(a) A manufacturer must not sell or offer for sale or
deliver to retailers for subsequent sale new computer equipment or televisions
unless: (i) the covered device is labeled with the manufacturer's brand, which
label is permanently affixed and readily visible; and (ii) the manufacturer has
filed a registration with the Department and is otherwise in compliance with
the requirements of this Part, as indicated on the list developed and
maintained by the Department pursuant to G.S. 130A-309.138(1).

(b) A retailer that sells or offers for sale new
computer equipment or televisions must: (i) determine that all new covered
devices that the retailer is offering for sale are labeled with the
manufacturer's brand, which label is permanently affixed and readily visible;
and (ii) review the Department's Web site to confirm that the manufacturer of a
new covered device is on the list developed and maintained by the Department
pursuant to G.S. 130A-309.138(1).

(c) A retailer is not responsible for an unlawful sale
under this section if the manufacturer's registration expired or was revoked
and the retailer took possession of the covered device prior to the expiration
or revocation of the manufacturer's registration and the unlawful sale occurred
within six months after the expiration or revocation. (2010-67,
s. 2(a).)

§ 130A-309.137. (See editor's note) Electronics Management
Fund.

(a) Creation. - The Electronics Management Fund is
created as a special fund within the Department. The Fund consists of revenue
credited to the Fund from the proceeds of the fee imposed on computer equipment
manufacturers under G.S. 130A-309.134 and television manufacturers under G.S.
130A-309.135.

(b) Use and Distribution. - Moneys in the Fund shall
be used by the Department to implement the provisions of this Part concerning
discarded computer equipment and televisions. The Department may use all of the
proceeds of the fee imposed on television manufacturers pursuant to G.S. 130A-309.135
and may use up to ten percent (10%) of the proceeds of the fee imposed on
computer equipment manufacturers under G.S. 130A-309.134 for administration of
the requirements of this Part. Funds remaining shall be distributed annually by
the Department to eligible local governments pursuant to this section. The Department
shall distribute such funds on or before February 15 of each year. Funds shall
be distributed on a pro rata basis.

(c) Eligibility. - Except as provided in subsection
(d) of this section, no more than one unit of local government per county, including
the county itself, may receive funding pursuant to this section for a program
to manage discarded computer equipment, televisions, and other electronic
devices. A unit of local government shall submit a plan to include:

(1) Information on existing programs within the
jurisdiction to recycle or reuse discarded computer equipment, televisions, and
other electronic devices, or information on a plan to begin such a program on a
date certain. This information shall include a description of the implemented or
planned practices for collection of the equipment and a description of the
types of equipment to be collected and how the equipment will be marketed for
recycling.

(2) Information on a public awareness and education
program concerning the recycling and reuse of discarded computer equipment,
televisions, and other electronic devices.

(3) Information on methods to track and report total
tonnage of computer equipment, televisions, and other electronic devices
collected and recycled in the jurisdiction.

(4) Information on interactions with other units of
local government to provide or receive services concerning disposal of
discarded computer equipment, televisions, and other electronic devices.

(5) Information on how the unit of local government
will account for the expenditure of funds received pursuant to this section.

(6) Proof of contract or agreement with a recycler that
is certified as adhering to Responsible Recycling ("R2") practices or
that is certified as an e-Steward recycler adhering to the e-Stewards Standard
for Responsible Recycling and Reuse of Electronic Equipment/rs to process the
discarded computer equipment, televisions, and other electronic devices that
the unit of local government collects.

(c1) Submittal of Information for Distribution of
Funding. - Documentation meeting the requirements of subdivision (6) of
subsection (c) of this section, and other information required by subsection
(c) of this section, including new plans or revisions to plans as necessary,
must be submitted annually on or before December 31 in order to be eligible for
funding during the next distribution by the Department.

(d) Local Government Designation. - If more than one
unit of local government in a county, including the county itself, requests
funding pursuant to this section, the units of local government in question may
enter into interlocal agreements for provision of services concerning disposal
of discarded computer equipment and televisions, and distribution of funds
received pursuant to this section among the parties to the agreement. If the
units of local government do not enter into an interlocal agreement regarding
funding under this section, the Department shall distribute funds to the
eligible local governments based on the percentage of the county's population
to be served under each eligible local government's program.

(e) Report. - Information regarding permanent
recycling programs for discarded computer equipment and televisions for which
funds are received pursuant to this section, and information on operative
interlocal agreements executed in conjunction with funds received, if any,
shall be included in the annual report required under G.S. 130A-309.09A. (2010-67, s. 2(a); 2013-409, s. 7.)

§ 130A-309.138. Responsibilities of the Department.

In addition to its other responsibilities under this Part,
the Department shall:

(1) Develop and maintain a current list of
manufacturers that are in compliance with the requirements of G.S. 130A-309.134
and G.S. 130A-309.135, post the list to the Department's Web site, and provide
the current list to the Department of Information Technology each time that the
list is updated.

(2) Develop and implement a public education program on
the laws governing the recycling and reuse of discarded computer equipment and
televisions under this Part and on the methods available to consumers to comply
with those requirements. The Department shall make this information available
on the Internet and shall provide technical assistance to manufacturers to meet
the requirements of G.S. 130A-309.134(c)(1)e. The Department shall also provide
technical assistance to units of local government on the establishment and
operation of discarded computer equipment and television collection centers and
in the development and implementation of local public education programs.

(3) Maintain the confidentiality of any information
that is required to be submitted by a manufacturer under this Part that is
designated as a trade secret, as defined in G.S. 66-152(3) and that is
designated as confidential or as a trade secret under G.S. 132-1.2.

(4) The Department shall use national televisions sales
data available from commercially available analytical sources to calculate the
generation of discarded televisions and to determine each television manufacturer's
recovery responsibilities for televisions based on the manufacturer's market
share. The Department shall extrapolate data for the State from national data
on the basis of the State's share of the national population. (2010-67, s. 2(a); 2015-241, s. 7A.4(l).)

§ 130A-309.139. Enforcement.

This Part may be enforced as provided by Part 2 of Article 1
of this Chapter. (2010-67, s. 2(a).)

§ 130A-309.140. Annual report by Department of recycling
under this Part; periodic report by Environmental Review Commission of
electronic recycling programs in other states.

(a) No later than January 15 of each year, the
Department shall submit a report on the recycling of discarded computer
equipment and televisions in the State under this Part to the Environmental
Review Commission. The report must include an evaluation of the recycling rates
in the State for discarded computer equipment and televisions, a discussion of
compliance and enforcement related to the requirements of this Part, and any
recommendations for any changes to the system of collection and recycling of
discarded computer equipment, televisions, or other electronic devices.

(b) The Environmental Review Commission, with the
assistance of the Department of Environmental Quality, shall monitor and review
electronic recycling programs in other states on an ongoing basis and shall
report its findings and recommendations to the General Assembly periodically. (2010-67, ss. 2(a), 7; 2015-241, s. 14.30(u).)

§ 130A-309.141. Local government authority not preempted.

Nothing in this Part shall be construed as limiting the
authority of any local government to manage computer equipment and televisions
that are solid waste. (2010-67, s. 2(a).)

Facilities that recover or recycle covered devices or other
electronic devices diverted from the waste stream for transfer, treatment, or
processing shall register annually with the Department on or before August 1 of
each year upon such form as the Department may prescribe. (2015-1, s. 2(e).)